Charles de Secondat in the State Parties

Abstract

No one can doubt the importance of the doctrine of division of powers, in the formulation made by Montesquieu, for the modern Constitutional State. However, few also will ignore that the virtuallity to explain the power relations in the current States, characterized as «State of Parties» (Triepel) has been questioned, in the context of a broader crisis of representative Democracies. This paper argues that, inasmuch as political parties are indispensable elements of our democratic system, the classic distinction between legislative, executive and judicial power enunciated by the Baron de la Brède must be understood together with the set of checks and balances (vetoes) that it occurs in relations between government and opposition.