Le parole chiave nello studio del rapporto fra Parlamento e Governo nella Contribution a la Théorie Génerale de l’Etat di Carré de Malberg

Abstract

The essay, inspired by the Contribution a la Théorie Génerale de l’Etat, analyzes, through some keywords, the Carré de Malberg’s theory of relationship between Parliament and the Government in the French Third Republic form of government.Starting from the point-by-point confutation of Montesquieu’s theory of separation of powers, the author believes that there must be a supreme organ to ensure the uniqueness and indivisibility of the will and sovereignty of the State and identifies it in the Parliament. The relationship between these two organs are therefore organized according to a system of gradation of powers, for which the puissance originale of the people will degrade into the lower one, (the legislative), which in turn will degrade into the lower one, (the executive). So in the author’s theoretical material functions are all exercised for the same purpose by all organs, but these are not among them in equal position, but are overwhelmed by the superiority of the Parliament. Conscious of the necessity of finding a limit to that supremacy and unable to retrieve it in the Constitution, flexible and, therefore, not supported by any control of constitutionality, he finds it exclusively growth de la puissance de l’opinion populaire.