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Separation of powers and constitutional loyalty
Authors: Ph.D. Marieta SAFTA
Number of views: 291
The complexity and dynamics of political life leads to developments and
reconsiderations in terms of classical theories of constitutional law. Such a process occurs
also in the case of separation of powers. Many factors have a bearing on how this theory is
currently translated into practice, which requires additional perspectives of analysis in
order to develop improved models of cooperation and balance of powers, according to new
political realities. This study aims at examining the principle of separation and balance of
powers in terms of mutual respect and loyal cooperation between institutions, or, in a
broader sense, of constitutional loyalty, an intrinsic value-principle of all constitutions,
without which no fundamental law, no matter of how democratic it might be, could function
properly2
. Based on examination of concrete cases drawn from the case-law of the
Constitutional Court of Romania, the study demonstrates that, in lack of constitutional
loyalty, the objective pursued by enshrining the principle of separation of powers cannot be
achieved effectively, i.e. compliance of public authorities and political actors with
constitutional provisions is purely formal and the alleged collaboration between them is a
"dialogue of the deaf" at the expense of democracy. The seriousness of the consequences of
this type of behaviour requires identification of remedies. What are the limits and what
solutions can be identified in this regard are questions that also we aim to answer.