Reflecţii despre fragilitatea raportului între autoritatea statului şi libertate, ca valoare fundamentală a democraţiei constituţionale

Prof. univ. dr. CRISTIAN IONESCU*

* e-mail: cristian.ionescu@cdep.ro

Academia de Ştiinţe Juridice din România

ABSTRACT

How firm the authority of the state should be and how wide the margin of freedom of the citizens of a state should be are questions without a convenient answer for either the state, or for the citizen. This is a truth that can be insisted upon for a long time, but without satisfactory results. The citizen has always demanded from the public power a sphere of his freedom as wide as possible and the public power has been and is, in principle, ready to retain an extra authority over the citizen.

The author aims in this study to show that both the authority of the state and the vocation of freedom of the citizen must slide between reasonable and legitimate limits, so that the state can exercise its role and social functions established through...