SALVATORE BONFIGLIO

Separazione dei poteri, forma di governo e sistema partitico.

Note su alcune recenti elaborazioni della dottrina italiana

N. 161

Summary — The a. examines the limits of the traditional seven-eighteenth century concept of government system which is based on the principle of the division of powers. Such principle, in fact, cannot explain the rising of a plurality of centers of power, be they of the State or not. Moreover the rising of party organizations in the contemporary State has deeply affected the formal arrangement of the State organisms and on their functioning. Not by chance, recollects the a. also in Italy, starting from Mortati’s studies to those of Elia, the tendency has consolidated to stress — together with the principle of the division of powers — the importance of the party systems for the classification of government’s systems.

However, still today in the constitutionalistic Italian doctrine remains open the problem of making conceptually clear if the parties system should be understood only as element conditioning the form of government or if, asserts the a., given its power of influence, might not perhaps be more convenient to consider it as a true and proper constitutive element of the form of government