La Costituzione italiana e la separazione dei poteri: le scelte dell’assemblea costituente tra modelli storici e contesto politico

The Founders of the Italian Republic were not interested in elaborating any comprehensive theory about separation of powers. The principle of separation in its classic, and particularly American, form was put aside. Instead, the Constituent Assembly adopted a model of institutional pluralism and coordination, with a multiplicity of powers, none of which could prevail on the others. As Maurizio Fioravanti explained, this choice was heavily influenced by two factors. Retrospectively, the “tyrant complex”: after the fall of Fascism, the Founders worried that authoritarian regimes could come back, and were particularly afraid of a strong Executive. Prospectively, the “veil of ignorance”: political elections would follow shortly after the entry into force of the Constitution, their outcome was uncertain, and so was the future position of Italy in the two ideological blocks in which Europe was being divided.