DOI: 10.53136/979122182825240
Pages: 527-541
Publication date: July 2026
Publisher: Aracne
SSD:
IUS/09 IUS/14 IUS/21
The author analyzes the crisis of the modern rule of law model, which is rooted in methodological individualism and the mercantile simplification of social relations. The essay highlights how the emergence of social rights, conceived no longer as claims conditioned by available resources, but as fundamental and §§§§uncompressible§§§§ rights, has challenged the traditional distribution of powers. This transformation has generated a demand for regulation that exceeds the frameworks of liberal law, prompting the judiciary (both constitutional and of legitimacy) to take on a role of political substitution to guarantee the minimum core of human dignity. The article concludes by emphasizing the inadequacy of the individualistic paradigm in governing the complexity of contemporary relations and the concrete risk of an excessive politicization of the judicial function.