suggested citation: G. Moschella, Magistratura e legittimazione democratica. Quis custodiet custodes?, lceonline (www.lceonline.eu), 1/2025, Inserto “Verso una nuova forma di Stato? Premierato Elettivo, Magistratura e Autonomia Differenziata”, p. 139 ss.
key words: judiciary, legitimation, separation of careers
abstract: The essay delves into the theme of the foundation of the legitimation of the Judiciary and the judicial function within the forms of democratic state, built on the principle of popular sovereignty. In Italy, this issue has been at the center of the political-institutional debate for many years, fueling a deep tension in the relationship between politics and the judiciary. In this context, the recent proposal for constitutional revision aimed at introducing the principle of separation of the careers of magistrates is examined.
