The relation between Rule of law and democracy in the thought of Bobbio and Ferrajoli

Abstract

This assay deals with the relation enters the democracy and subjects Rule of law in Norberto Bobbio and Luigi Ferrajoli. The nature of this relation says respect to the reach of the democracy concept and produces theoretical consequences important. Norberto Bobbio considers that she is necessary not to confuse Rule of law and democracy, even so a judgment on second must take in account the existence or not of the first one. Already in the case of Luigi Ferrajoli, who works from the ideas of Bobbio, a magnifying of the concept of Rule of law occurs starting to tie all to be able them with the substantial guardianship of rights: the Rule of law does not only appear in history before the democratic State, but that, more than what this, this State is “axiologicamente” previous to the democratic State.