EL ACTO POLÍTICO COMO UN PROBLEMA TODAVÍA ABIERTO A LA LUZ DEL DERECHO COMPARADO Y DE LA JURISPRUDENCIA ITALIANA

The paper traces, using a comparative approach, genesis and evolution about the possibility of judging the political act. Through this analysis, which is both historical-evolutionary and comparative, we underline the impossibility of creating a single and unchanging notion of political act, and we identify this issue as a methodological criterion of choice for measuring the evolution of the judicial “politics” in the various systems already considered. The latter appears, in turn, often dependent on institutional structure of a country, and on changing relations between powers, functions and sources, despite the common trend to a more pronounced relief of the principle of effective judicial protection.