Rule of Law metamorphoses in the Twentieth Century

The article takes into consideration in particular three moments of the history of rule of law over the twentieh century. I mean first of all the ‘setting’ of rule of law ‘models’ during the first decades of the century, then the experiences, in some countries, of the authoritarian/totalitarian regimes in their complex and ambiguous relation with the rule of law tradition, and finally the making of our current conceptualisation of rule of law after the Second World War. Twentieth century is strongly marked by the ongoing endeavour (and tension) to find and preserve an effective balance between democracy and rule of law, namely between people’s will and the constitutional/legal machinery of limits to protect and guarantee human dignity, fundamental rights, pluralism and all kinds of minorities. This balance was the result of very dramatic events and of a huge intellectual effort. The problems come again when one tend to consider only one of the two pillars: people’s sovereignty and the majority principle seen as the legitimate sanction to erode the second pillar, the democratic State under the rule of law.