Constitutional pluralism and duties of the administration (dialogue with Massimo Monteduro)

Abstract

The essay examines the theses presented by Massimo Monteduro in a recent study on “Doveri inderogabili dell’amministrazione e diritti inviolabili della persona”. The author discusses the issues relating to the qualification of the legal duties of the administration under the rule of law. Assuming that the rule of law is a concept in crisis - due to the plurality of sources and the indeterminacy of
the laws - it is examined to what extent the administration can integrate the legal provisions and fill the gaps in the system in direct implementation of the Constitution. In partial disagreement with Monteduro's thesis, the author highlights how the personalistic principle and art. 2 of the Constitution can be a useful basis for legitimizing the proactive intervention of the administration, while leaving open the problem of combining the centrality of the person and the axiological pluralism of democratic systems