EIRP Proceedings, Vol 7 (2012)

Abstract

The concept of rule of law implies the limit of the state rights, it regulates their activity, the excess and the arbitrary and sets his own rules of conduct.

Montesquieu was the one who clearly formulated the principle of separation of powers, inspired by the ancient Aristotle and the english philosopher Locke, having the english regime as amodel, which had known separation of powers from the XIII century (legislative, executive and judicial). Montesquieu preconfigured a political system that highlighted a moderate government, by ensuring separation of powers and political freedoms, where political freedoms can be exercised only in a government where power is limited.

The doctrine of specialty defines executive power as a distinct function of the state, among the legislative and judicial functions. Thus, in this function are found certain duties which are subject to distinct activities of public authorities. Among these tasks, Jacques Cadart nominated: defining the general policy of the country, drafting of laws necessary for the carrying of this policy, the adoption of necessary regulations and individual law enforcement decisions for the operation of public services, enterprise performance measures material on public order, territorial arrangement of the armed forces and police, and management of international relations.