Notes for a reflection on judicial stability in the administrative process

Abstract

The essay puts forward methodological insights on the subject of the sensitivity of the res judicata to contingencies induced by interests of the losing public party. To this end, it revisits the theory of the separation of powers, searching its original meaning, partly overwhelmed by an institutionalist vision, essentially aimed at preserving the balance between the three traditional powers of the State. This is made in order to emphasize that, in constitutional balances, the general interests embodied by the public administration are counterbalanced by the sovereignty of the individual who necessarily participates in the construction of the processual legal system, placing limits on public powers and potentially conditioning their conformation.