Hegemony (Civil Society) and Division of Powers

The division of powers and the whole discussion which took place for its realisation, and the legal dogma which came into existence at its advent, are the result of the struggle between the civil society and the political society of a certain historical period, with a certain unstable balance of classes, determined by the fact that certain categories of intellectuals (in the direct service of the State, especially the civil and military bureaucracy) are still too much tied to the old ruling classes. That is, there occurs inside society what Croce calls the "perpetual conflict between Church and State", if the Church is taken to represent civil society in its totality (whereas it is only a proportionately less important element of it), and the State every attempt to crystallise permanently a determined stage of development, a determined situation. In this sense the Church itself can become State and the conflict can show itself between lay and laicising civil society and State-Church (when the Church has become an integral part of the State, of the political society monopolised by a certain privileged group which unites with the Church in order better to preserve its monopoly with the help of that zone of "civil society" represented by the Church).

The essential importance of the division of powers for political and economic liberalism: the whole liberal ideology, with its strengths and weaknesses, can be summed up in the principle of the division of powers, and the source of liberalism's weakness becomes apparent: it is the bureaucracy, i.e. the crystallisation of the leading personnel, which exercises coercive power and which at a certain point become a caste. Hence the popular aim of making all posts elective, an aim which is extreme liberalism and at the same time its dissolution (principle of the permanent Constitution, etc.; in republics the periodic election of the head of State gives an illusory satisfaction to this elementary popular aim).

Unity of the State in the distinction of powers: Parliament is more tied to civil society, the judiciary power is between government and Parliament, represents the continuity of written law (against the government as well). Naturally all the three powers are also organs of political hegemony, but to a different extent:

1. Parliament;
2. magistracy;
3. government.

It should be noted how miscarriages in the administration of justice create an especially disastrous impression among the public: the hegemonic apparatus is most sensitive in this sector, in which can also be included the arbitrary actions of the police and the political administration.