Carugati — Volume 62, Issue 1

The rule of law is a multifaceted concept lacking universal agreement on its constituent elements, yet legal supremacy stands as common ground across diverse fields. Carugati examines the rule of law through a classical Athens lens using the Silvio Berlusconi tax fraud case to illustrate modern tensions. She argues that rule of law, defined as the principle that law binds rulers and citizens equally, remains a critical but inconsistently practiced concept in contemporary democracies. The relationship between rule of law and national prosperity is not a simple correlation; Italy's economic decline and governmental dysfunction coincided with disregard for rule of law, yet the connection is not straightforward. Carugati challenges the assumption that robust rule of law automatically produces economic growth or stable democracy. Using classical Athens as a historical baseline, she demonstrates how legal supremacy was understood and practiced differently across times and places. The article calls for reframing questions about the rule of law, particularly the utility of rule of law as a measure of national development and democratic governance.

Topics: Legal History · Legal Theory · Constitutional Law

Keywords: rule of law · legal supremacy · classical Athens · democratic theory · institutional development