Some Terminological Controversies Concerning the Maxim of Division of Power

Abstract

The rule of division of power belongs to a few fundamental maxims of democratic government but, paradoxically, it is probably the most vague one. In the literature of the subject some major terminological divergencies come to the fore, accompanied by the differences of opinion concerning some substantial issues affecting the mentioned precep.1 It needs then to construct its general definition - so as to identify properly the relative maxims - to clarify its basic terms, and to discern some levels within which it can be analyzed. For there are almost as many interpretations of the principle of distribution of power as the authors who examine it. In view of this, some terminological considerations, even condensed ones, are indispensable.