The Internal Morality of Administrative Law: A Fullerian Approach

Abstract

This article aims to use the theoretical framework developed by legal philosopher Lon Fuller to support a necessary relationship between the spheres of law and morality. Based on the eight principles of his 'Internal Morality of Law,' Fuller establishes a functional concept of law in which social order is achieved through general rules that regulate citizens’ behaviour. In the absence of such rules, a given legal system would be unable to achieve its objectives. Therefore, the debate on morality needs to be established within the national legal system to bring it closer to the model of a democratic state of Law. A system that fails to meet these criteria cannot be qualified as a legitimate legal system. Administrative morality, considered a fundamental principle in the 1988 Constitution, allows for safeguards, checks, and limits that promote fidelity to the law and require fundamental justifications, thereby reinforcing the legitimacy of the Administrative State in promoting the common good.