•The acts of the State in general.

•The acts of the State in general.

•Functions and Fundamental Acts of the State.

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•Cont

•The power of each State is reflected in three typical manifestations, intended as the core functions of the state: the legislative function (or power), the executive and the judicial function.

•These functions are distinguished by their contents:

a)-The legislative function is direct to create, through appropriate procedures, the bulk of the legal rules of the state, that should evaluate or access public relations and relations of a private nature;

b)-The executive function is expressed in the performance by the State of a concrete activity for the satisfaction of its direct ends;

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•c)-The judicial function is to do justice, applying the law to the   

      controversial cases;

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•Cont

•In the absolute State these three functions were jointly performed by the Monarch, which he exercised directly or delegated to subordinate bodies. In absolute regimes could then have a body or organ competent to carry out activities in the legislative, executive and judicial.

•In the Police State however, is manifested some progress, because they began to distinguish the Royal functions, delegated to the bureaucracy of the Sovereign.

•Against this situation rebelled Montesquieu in the second half of the eighteenth century: this writer argued that, in a well-regulated state system, its three functions were supposed to head separate organs/bodies, to ensure that the State Government does not concerned into cruelty.

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•Cont

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•The concept of the separation of powers triumphed in all States in the 19th century and rose or grew up to a fundamental element of the constitutional State, through the allocation of the three functions of the State to separate bodies (head of State and Government, elective Rooms, judiciary).

•This tripartition relates to the legal nature of the acts in which is practiced the entire State activities;

•If the legislation power was reunited with to the executive, there would be no freedom, because the Monarch could do tyrannical/authoritarian laws and run tyrannically; even there would be no freedom if the judging power was reunited with to the legislative and Executive powers, since the judge would be both legislature and oppressor;

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•Cont

•The functions are distinguished form the acts relating to their respective contents. Thus, while the legislative function assumes the typical form of LAW, the executive function finds its typical act in DECREE; where the judicial function takes the form of JUDGMENT.

•The aforementioned tripartite should not be understood in an absolute sense: there may be a mixed acts, example taking technically part one and the other function, according to the modality of the constitution.

•In addition, there are acts of the State which does not fall within any of the three functions, but serving to aid the exercise of any of them so for example: the election of a deputy is part to the legislative function, not because of its intrinsic nature, but because it is a preparatory act by which the state organizes the legislative power.

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•Cont

•We consider the State Act every manifestation of the will of the State to achieve one of its purposes.

•Because the State acts through natural persons, so the State acts are the will of its officials issued in the exercise of their powers.

•The acts of the State may be divided under several criteria.

•One of the most important is the activity of the State to which the Act fulfils; we, thus, have:

•Legislative acts .

•Executive acts.

•Jurisdictional acts

•The legislative Act in General

•In the doctrine, a legislative act is also called law, and its the act of the will of the State which instruct/prescribe rules of conduct: general, new and abstract, and being enacted by the organs responsible for the legislative function.

•Since constitutional State systems, legislative body is the Parliament, so, legislative act is the act contains legal rules approved by the Parliament and promulgated by the head of State.

•In many legal systems, ordinary laws differ from constitutional laws.

•Constitutional laws, as sources of law, have an effectiveness superior to that of ordinary laws: contain provisions to amend the State Constitution, while ordinary laws are laws passed by the National Assembly.

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•Cont

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•For the approval of the ordinary laws by the Assembly is sufficient by a vote of majority of those present.

•After approval of the Assembly and the promulgation of the Head of State, the laws are published in the Official Bulletin of the Republic.

•Further element of differentiation for constitutional laws: that ordinary laws, to be considered legitimate, must conform to constitutional laws;

•Even constitutional laws are legislative acts in formal and material sense.

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