The Evolution of the Separation of Powers
Journal title TEORIA POLITICA
Author/s Mario Comba
Publishing Year 2005 Issue 2005/2
Language Italian Pages 13 P. File size 37 KB
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The article describes the evolution of the concept of separation of powers and tries to show how this evolution is characterized by some misunderstandings. Montesquieu’s description of la Constitution de l’Angleterre in the Esprit des Lois is misleading; the Constitutions enacted during the French revolution applied a separation of powers which was not the Montesquieu’s one, while Madison introduced in the American Constitution a separation of powers much more similar to the original. At the beginning of XX century, Dicey critical analysis of droit administratif did not take into account that the French model of separation between Judiciary and Administration could provide for a more efficient protection of individual rights. The birth of the welfare State, known also as administrative State, led to a deep transformation of relationships between the powers of the State, since the original separation of powers was invented for a liberal State.
Mario Comba, L'evoluzione della separazione dei poteri in "TEORIA POLITICA" 2/2005, pp , DOI: