La representación política y el principio de separación de poderes

Resumen

43

The concept of representation in public law is attracting more and more interest; specially gives many problems in the Parliament how representation, so as a representative institution. In this place is plained a principal problem: the new function of Parliament and the role of parliamentary's Government control. We assist to the end of the dogma of the separation of powers. So we need to distinguish between control by the Parliament and control in the Parliament; the first are less effective because significate the Government control of his own majority; the second is the critical capacity of minorities against the Government; this last are a effective control who's should create public opinion.
This does not imply the suppression of public representation idea. By suggesting a revision of this idea does not mean that they should disappear. It seems wise to conserve the concept of representation providing it refer to the particular situation of the authority and his decision, whenever he appears as a victim of the process in which take part the after side of problem: the souveragnity.