Acta Universitatis Danubius. Juridica, Vol 6, No 3 (2010)

Abstract

Creation of the modern epoch, the state of law is mainly governed by the supremacy of law, but of a fair law, equal for all citizens and exerting positive effects not only for the society as a whole but also for each individual in part. Subsequently, the constant application of this principle is possible only under the circumstances of a democratic organization and functioning of the social life, which ensure the observance of basic human rights and freedoms, while fundamental human values are being preserved and promoted. But even though democracy and state of law are based on correlative principles, they also stand in a relative opposition: the sovereignty of law and the multiparty system, the stability of law and the succession to power of various political parties, the reflection of the general interest by the law and the legislation principle of the parliamentary majority. Therefore, eliminating dysfunctionalities generated by such a relative antagonism imposes a series of corrective measures not only regarding the way democracy is applied, but also regarding the organization and functioning of the state. This paper aims to analyze precisely these corrective measures, also emphasizing the dysfunctionalities that may appear if these measures are not taken into consideration properly.