Piras, Vanni (2013) Alle origini della funzione giudiziaria come potere dalla Constitutio de Regalibus al De legibus et consuetudinibus Angliae. Doctoral Thesis.
The idea of the function to judge like a power has not always existed. The formulation of the notion of a judicial power, as we know it, is recently: during the eighteenth century, in the Montesquieu's work, Chapther 6, vol. XI, in the famous tripartition of the power: legislative, esecutive and judicial. This thesis starts from the assumption that the judicial power assigned to a specific judge corps, formulated by Montesquieu in 1748th, and according to him, based on the model of the English Constitution, has found its origin in the Middel Ages, in the Germanic and Feudal world, but outside and in disagreement with the experience, the science and the knowledge of the Roman legal tradition. To study in depth this hypothesis we chose to proceed through two parallel lines of research: the first, that we call imperial-continental, concerning the subject of the judicial activity (it will be explained later in the Frederick I Barbarossa's program of government); the second, that we call royal-insular, or Anglo-Saxon, concerning the lawmaker-magistrate's doctrine in the common law.
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