CONSTITUCIONALISMO Y LA REGLA DE DERECHO: EL PROBLEMA DEL UNIVERSALISMO Y LA TRANSGRESIóN

constitutionalism has posed, from the beginning, a claim for controlling the power of the state, through the formulation of the rule of law, understood as a set of rules that apply to all the integrants of the constitutional game. however, such a pretension carries with it, also from the beginning, an irresoluble problem that appears recurrently within the heart of constitutionalism: the necessity of universalism that, however, can only aspire to be a precarious generality, due to the permanent presence of the exception. this, instead, gives rise to a permanent cycle of transgression, which would pose the law in the side of slavery rather than freedom. this paper analyses this problem by reviewing not only the classic sources but also and importantly by analyzing the thesis of contemporary authors in this respect, such as badiou, ？i？ek and agamben.