Political-administrative Relations and Separation of Powers

The authority of the state in a constitutional democracy is never self-evident. The state can only claim obedience of its citizens if the authority of the state is morally justified from the point of view of the citizens.1 In this moral justification of authority exists the essence of the concept of legitimacy. To be considered legitimate the actions of the state (public administration) have to meet a number of normative standards. National as well as local government (the municipalities) have to meet normative standards which can be derived from the concept of the constitutional state.2 One of these standards is the principle of legality (rule of law). This contribution however concentrates on the principle of separation of powers.