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THE RELATION BETWEEN PUBLIC ORDER AND PUBLIC FREEDOMS IN TERMS OF ADMINISTRATIVE POLICE.INTERNATIONAL AND NATIONAL REGULATIONS

Dana Vulpaşu

FIAT IUSTITIA, 2014, vol. 8, issue 1, 258-266

Abstract: Often presented in contrast, public order and freedoms are however, a liberal state, perfectly reconcilable and complementary; it can be said that it is necessary, for freedom to be fully exercised, to be regulated to protect public order. As proof, international and national regulations guarantee human rights, but do not exclude the possibility of limiting them because the existence of unconditional rights cannot be accepted in a democratic constitutional system. Harmonious arrangement of individual liberties requires the exercise of liberties by some do not prejudice the one of others. Public freedoms cannot pass public order because the disturbances compromise their full exercise. Also, public order cannot pass freedoms to the extent that, in a liberal state, they are part of its definition. This article highlights the importance of a balance between maintaining public order in a preventive manner, as purpose of the administrative police, and limiting the exercise of public liberties, as administrative police finality, and also the regulatory processes of these freedoms in a comparative perspective

Keywords: Public order; public freedoms; administrative police; public administration (search for similar items in EconPapers)
Date: 2014
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