Benvenuti and the Constitution

By Daria de Pretis

In the work of Feliciano Benvenuti, the Constitution is not only the object of specific study, but the very warp of the fabric of his vision of administrative law. The Constitution is also the paradigm of his idea of the law, which is not formalistic but rather experiential. The law is a product of social organization; it has factual and programmatic contents; it is implemented not only by command but by means of a dialogue between the institutions

and citizens; and it is open to all interpretations possible. This is the context within which the concepts of freedom, autonomy and «subsidiarity» took root. Freedom is not only guaranteed, but also «active». Autonomy is the program of self-government that unifies people, institutions and society. Finally, the duty of solidarity is a limitation upon individual freedom that consists in more than the mere interest represented by the public authority.