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Precisely, it is necessary to explore the reasons why politics should be subject to the controls of the Law and how this interaction benefits society as a whole, and reference should be made to some wise words that Luigi Ferrajoli collects in the second volume of Principia iuris : «Obviously, positive law does not imply democracy at all, and it may well occur, because of the iuspositivist separation between law and justice that I have spoken of since § 4 of the Introduction and to which I will return in § 15.2, which is extremely unfair and undemocratic. But the reverse non-implication does not apply. Democracy necessarily implies law. There may well be law without democracy. But there can be no democracy without law .

Since democracy is a set of rules on the valid exercise of power: on the one hand, the rules that confer powers of individual and collective self-determination, guaranteeing Email Data their equal ownership to all as persons or citizens: on the other, the rules that They impose limits and links on these same powers to prevent their degeneration into despotic forms and guarantee their exercise in protection of the interests of all. And these rules serve to limit and link the different types of power to guarantee the interests of all to the extent that they establish equality in fundamental rights as constitutional norms hierarchically superior to those powers. This is, moreover, a hard lesson from history, which has taught us that the main reasons for all the failures of the great hopes raised by the revolutions of the last century, even animated by projects of universal emancipation, have been the total contempt for law and rights and the naive trust in a "good" power only because it has been conquered and exercised in the name of the oppressed.



In any democratic system, the legitimacy of political power comes from the consent of the governed. This consent is obtained through free and fair elections in which citizens choose their representatives. However, this electoral process is supported by rules and laws that govern eligibility , the voting process, and the resolution of electoral disputes. Politics that develop outside the law lack this legitimacy, which can lead to oppression and discontent in society.
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