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Legal Or Moral Arguments For Regulating Some Political Matters In The State Of Law

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  • Elena-Mihaela Fodor

Abstract

Politics is very important in a democratic state. Ensuring a healthy political life is an important issue as it aims to set the premises for a fair representativeness and a solid development of the country. There are no absolute rules, so, for a good result it is important to adapt the legal norms to the particulars of the society they apply to. The article is considering three problems, related with the autonomy of political parties, ensuring and maintaining representativeness of elected bodies and some incompatibilities for mayors and presidents of the county council. The article is pointing out that in all cases there are moral rules that generate legal rules with political signification. No Constitutional text may impose such a choice and some decisions of the Constitutional Court in this respect are commented.

Suggested Citation

  • Elena-Mihaela Fodor, 2016. "Legal Or Moral Arguments For Regulating Some Political Matters In The State Of Law," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(2), pages 93-105, October.
    • Handle: RePEc:dcu:journl:v:10:y:2016:i:2:p:93-105
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    1. repec:pmu:cjurid:v:60:y:2015:p:27-38 is not listed on IDEAS
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    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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