Is the jurisdiction still possible?

Abstract

This paper discusses the jurisdiction, its institutional shape and the direction in which this configuration has evolved, in order to understand the logic of that evolution. For these purposes the work describes, first, the fundamental characteristics of a theory of institutions (§ 1). Then, under this theory, the paper provides a brief explanation of the characteristic powers of the modern State, because only a joined-together explanation of them will help its to understand the jurisdiction (§ 2). Then, this article points out how the courts and in specific the Supreme Court, are receiving special powers that do not correspond to the structure ofjudicial authority (§ 3); in the fourth section, the work delivers an explanation of the fact that the jurisdictional structure is increasingly close to an administrative one (§ 4). The final section contains some conclusions about the evolutionary process of institutional change in jurisdiction and the forces that cause it.