Libertas in legis “non iam” consistit. L’evoluzione del principio di separazione dei poteri attraverso la lente del diritto ad una morte dignitosa

This paper explores the tension between emerging bioethical rights—especially the right to a dignified death—and the traditional separation of powers. As science and society evolve, the legal system faces growing complexity, revealing a gap between legislative inaction and judicial or administrative activism. Through the Cappato case, the Constitutional Court effectively created a right to assisted suicide, compensating for the lack of legislation and prompting regional initiatives that raised issues of competence. The 2024 ruling no. 135 further refined the concept of life- support treatments, adopting a more flexible, patient-centered view. In the absence of clear laws, ethics committees and administrations play a key role in implementing these rights, though not without ambiguity. Overall, the study calls for a reinterpreted separation of powers, based on institutional dialogue and coordinated competences, to better protect fundamental individual rights.