The State - Tema 2

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The State – the power in the state, the forms of government, state structure

The state is the most important political institution of society. the state is a necessity and it
represents the superior power of society. The form of the state depends on the social and
historical transformations that have occurred over time. The changes made over time have
made the old forms of organization and leadership of the human community no longer
necessary.

The Forms of Government

In constitutional law, through the form of government, we generally understand how the
supreme organs are formed and how they function. The most used forms of government are
the monarchy and the republic.

Monarchy - a government in which the supreme power is lodged in the hands of a monarch
who reigns over a state or territory, usually for life and by hereditary right; the monarch may
be either a sole absolute ruler or a sovereign - such as a king, queen or prince - with
constitutionally limited authority.

Absolute monarchy - a form of government where the monarch rules unhindered, i.e., without
any laws, constitution or legally organized opposition.

Constitutional monarchy - a system of government in which a monarch is guided by a


constitution whereby his/her rights, duties, and responsibilities are spelled out in written law
or by custom.

Parliamentary monarchy - a state headed by a monarch who is not actively involved in policy
formation or implementation (i.e., the exercise of sovereign powers by a monarch in a
ceremonial capacity); true governmental leadership is carried out by a cabinet and its head - a
prime minister, premier or chancellor - who are drawn from a legislature (parliament).

The republic is that form of government in which citizens themselves govern themselves by
appointing the president or by electing a head of state commonly referred to as president. In
the republic, the government is carried out by elected representatives after electoral
procedures.

The president is elected either by universal suffrage or by the parliament. The parliamentary
republic is characterized by the election of the head of state by the parliament. The
presidential republic is characterized by the election of the head of state by citizens through
universal, equal, secret and free vote or by electors (USA). Therefore, the president has the
same authority as the parliament.

The state appears as the subject of the constitutional law report as the bearer of the
sovereignty of the people. According to the constitution, Romania is a state of law,
democratic and social in which the dignity of man, citizens' rights and freedoms, the free
development of human personality, justice and political pluralism are supreme values and
they are guaranteed.

I have chosen this subject because the constitutional law studies and develops a series of
theoretical and practical aspects regarding the activity of important organizations in the social
and political life of the Romanian society. By going through this discipline the student will be
able to figure out how the state works, he will have the necessary knowledge and abilities
regarding the definition and the proper use of the notions specific to the constitutional domain
and he will be able to adapt to new situations in the evolution of society.

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