Magistratura e potere

The exercise of power, effectively reconciling the conflict between the principles of independence and democratic accountability of judicial institutions, considered collectively and individually, constitutes one of the principal themes and problems of contemporary democratic-constitutional systems. This aspect is connected to the ongoing tensions arising not only from the exercise of power, in its structuring and destructuring capacity, delegated to the judiciary, but also from the normative-reductive, identity-attributing nature of the legislative provisions governing the role and functions of the judiciary. It is necessary to highlight the general and specific mechanisms underlying the exercise of power, understood as the ability of individuals or groups to implement a plan of action within a social context, in order to identify possible solutions capable of counterbalancing its exercise, even when legitimately delegated to institutions, including the judiciary.