Constitutional governmental liability – legitimation and opportunity

Alexandru Arseni
2018 Zenodo  
Any person empowered with certain prerogatives usually assumes and has to assume personal responsibility for the acts committed in the execution of his/her office. Thus, the responsibility of the governors is more imposing for those who are entrusted with authority by the Constitution and other laws, the actions of which affect either the whole society or the vast majority of it. A decisional and at the same time defining role is attributed to the governors through the Constitution itself - the
more » ... fundamental law of the people and the state. Being assigned with supreme legal force, the Constitution precisely establishes in the broad sense of the word the rights, obligations and forms of responsibility of the governors, the MPs, the head of state, the Government and the magistrates. Liability occurs as a result of the failure to perform the duties entrusted under the mandate. This also results from the fact that the sovereignty delegates to them the exercise of prerogative power. Respectively, under the conditions of the contemporary democratic state and the rule of law, all those entrusted with authority, which is implicitly constitutional, bear the full responsibility for their acts committed within the execution of the functions and attributions entrusted.
doi:10.5281/zenodo.3370176 fatcat:slbg4as5wvggfei3uqe2zqr2ke