Lo Stato di diritto, in una democrazia costituzionale

The article contributes to a debate on J.J. Moreso’s “Lo Normativo: Variedades y variaciones”. The focus is on Moreso’s idea of the rule of law as an “organic unity” (Moore 1903) that combines three inter-dependent ideals: legality, democratic self-government, and the protection of human rights. First, the article points out that this idea goes beyond the contrast between formal (“thin”) and substantive (“thick”) conceptions of the rule of law to ground a new understanding, according to which the rule of law is a set of integrated sub-ideals. Second, the paper discusses the terms in which this complex, integrated ideal may shape and guide the exercise of public powers in constitutional democratic orders. With a focus on public administration as a crucial actor in realizing this ideal.