Mass Parties and the Constitution between past and present

Regarding to the contemporary State, political parties represent a historically dated institution, that is related to the process of democratization. Actually, it’s an institution that has changed during the time, with a series of significant mutations in its form and organization. In this sense, it should also be noted that some of the characteristics assumed to be distinctive of modern parties are disappearing: first of all, today the structures are more streamlined, without being rooted in the territory, and the strengthening of the leadership is also now consolidated, with the head of the party which appeals directly to the people, and also the growth of personal parties. As element of continuity, it should also be noted that political parties continue to carry out multiple public functions within the contemporary State; in particular, participation in elections.

Therefore, their role remains essential for the political representation. But in them there remains that character of innate ambiguity, immediately noted by the doctrine, which originates from the difficulty of connecting institutions, that come from civil society, with the aseptic nature of the State apparatus. Inherent in this character is the need for their regulation, since in many areas they involve fundamental interests of the legal system which it cannot renounce.