Subject-Matter of Symposium
Arguably no idea has been more central to democratic government than the separation of powers.
In his seminal book La Separazione dei Poteri (Giuffrè, 2001), Prof. Giovanni Bognetti (1930-2013), an eminent Italian scholar of comparative law and the best-known Italian expert on American constitutional law, traced the history and the evolution of this foundational idea in modern constitutionalism. According to Prof. Bognetti, we can distinguish two models of separation of powers: the “classic” model emerged in reaction to the centralization of powers typical of absolutist states as an effort to protect in individual liberties; the “social” model reflects the new paradigm of social rights protection in modern democracies. In the latter, according to Prof. Bognetti, we perceive a kind of political and legal transformation of the classic conception of separation of powers—a transformation that becomes even more pronounced against the backdrop of globalization, multiculturalism and the rise…
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