Abstract

The purpose of this study is to contribute to the debate on the evolution of the principle of separation of powers in the current constitutional State, and underline the growing importance of the so-called “neutral powersµ, and more specifically of the Head of State (in parliamentary regimes). From this point of view, the constitutional design and praxis of the Heads of State in Italy and Spain are examined. Although there are notable differences that can be explained by the form of access to the supreme magistracy – on a hereditary basis in the case of the Monarchy and following elections in the case of the Republic – both Heads of State have in common the fact that they are “neutral powersµ, and are therefore configured as “guaranteeµ bodies of the Constitution and of the political-constitutional system as a whole.