Democratic state of law as a structuring principle and the defense of administrative morality

Abstract

This article analyzes the Democratic State of Law as a constitutional structuring principle of Administrative Law. In this sense, the research emphasizes its main aspects and its theoretical foundation over the years. The study also intends to demonstrate that the Democratic Rule of Law is a fundamental principle, addressing the internal causal relationship between Democracy and Fundamental Rights from the perspective of Discursive Theory and how such approaches can positively contribute to the defense of administrative morality through the design of a renewed legal regime, that is, a paradigm of democratic Public Administration.