The separation of the legislative power. The Portuguese case

Abstract

More than two centuries have passed since the publication of Montesquieu's masterpiece - De l'esprit des lois -, in which he enunciates the theory of separation of powers: legislative, executive and judiciary. However, nowadays, this approach continues to be applied and the organs of sovereignty are still identified by the respective power, as if they hold it exclusively, which is allegedly not the case. Parliamentary elections could be called also as legislative elections. And if in Portugal, as in other countries, in constitutional terms, Parliament maintains the primacy of legislative competence, this competence is strongly conditioned, externally, by the European Union and by other international institutions, and, internally, by the Government and by regulatory authorities.

In this article we propose to examine how Government and Parliament relate and interact in matters of legislative activity, as well as how parliamentary majorities and the composition of the government influence the sharing of this power.