Judicial Monism and Dualism. History and Perspectives

Currently, in some legal systems, the distinction between public law and private law has changed with respect to the past. An important indicator of this phenomenon concerns, in particular, the evolution of judicial dualism, both in binary legal systems and in those systems of unitary law. The analysis shows how developments arising subsequently to the formation of the binary model — that of judicial monism/dualism — have cast much ambiguity and recently, evanescence, upon the distinction between jurisdictional systems. In this regard, the main factors explaining why different legal orders tend to move in the same direction are considered. Upon this perspective, the analysis also considers the further and expanding variable of judicial cooperation in the European area.