La giurisdizione nel sistema politico. Per una rifondazione garantista della separazione dei poteri
- ISSN: 0394-1248
- Revista: Teoría política
- Número: 5
- Fecha de publicación: 1 de Septiembre de 2015
- Nº Pág.: 20
The paper is based on concepts and ideas taken from Political and Legal Theory. It sustains that the division between executive, legislative and judiciary powers defined by Montesquieu is outdated. For the author, these three powers are suffering a crisis of legitimacy that makes the Montesquieu’s classification no longer useful in describing and studying the contemporary politics. On one hand, the author proposes a transformation of the classic tripartite system into a bipartite one (functions of government and functions of garantee). Here, the attention is focused on the changes of the meaning and role of judiciary power. On the other hand, the article addresses the idea that it is necessary to enforce and protect the division between all kinds of powers —public, private or non-state— that are threatened by the accumulation and overlapping of these different spheres.
