Los ejes centrales de la división de poderes en el Estado Constitucional de Derecho


Rev. Investig. Const.




Abstract This paper aims to describe the transformation experienced by the concept of division of powers since it was conceived in the work of Montesquieu to its central pillars in the new paradigm of democratic constitutional rule of law. In this context, I understand that the new paradigm assigns a dual purpose to the principle of separation of powers and to administrative law, as an independent branch of public law, because on one hand it has to tend to the organization, discipline and modulation of power, and on the other hand, it must be flexible, dynamic and functional so that it can become effective and efficient in regulating the state action (using inescapably procedures and processes universally standardized). The paper concludes that the current objective of the division of powers is to guarantee the defense and protection of freedoms and the realization of the rights in a framework of flexibility.

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