La democrazia tra forma e sostanza

The essay deals with some aspects of Ferrajoli’s theory of democracy. After arguing in favor of adopting a strictly formal notion of democracy, the author focuses on the possible link between form and substance, government by the people and government for the people. On one hand, Rousseau’s argument that people “always wants the good” is untenable. In other respects, it is unlikely that Ferrajoli’s project of a radical redistribution of resources at the global level can be shared and implemented by members of the political and economic élite. If this is true, the defense of constitutionalism cannot be separated from a commitment to the extension of democracy. The link between form and substance is also relevant with regard to the theory of separation of powers. The distinction between legislative and executive power, which Ferrajoli seems to consider outdated, remains essential not only for reasons of principle, but also because a parliament that is representative of the plurality of political orientations of citizens decides differently than a government which is expression (at its best) of a majority.