Proportionality, punishment, and principle of legality

Abstract

In this article, part of an investigation concerning the management of political power and the separation of powers, the author makes an analysis of the historical evolution of the principle of separation of powers of the State, where it makes clear how problematic is the power issue since the most distant times. From ancient Greece, where the early doctrines relating to society are made, its management and the position of individuals, passing through the transformation of the feudal stage until the Absolute State, arriving to the revolutionary processes. More important related to the new configuration of power, are the English, North American and French cases. It is noted that in any of these stages, despite more than a millennium of time elapsed, there has always been a latent problem of management of political power, and in particular the articulation of this power in the structure of the State, in its various functions and powers. It is very important to understand the management of the democratic State to know about the evolution of one of its most important pillars, the separation of powers.