Abstract

Alexy holds that the “dual nature of lawµ “concerns the institutionalization of reasonµ and this “is only possible in the political form of democratic or discursive constitutionalismµ. But Alexy looks at democratic constitutionalism essentially through the perspective of rights and principles. He does not seem to have the same concern about political organization: in particular, about the mutual connection between the way we understand fundamental rights and the role we give to state powers. I will show this “imbalanceµ by comparing how Ferrajoli and Alexy consider that mutual connection especially with respect to constitutional justice.