Riflessività e rule of law: il primato del diritto e il fattore umano nella sua implementazione

Abstract

This article examines reflexivity as a key methodological principle for understanding and implementing the rule of law, highlighting the relationship between the primacy of law and the human factor. Reflexivity operates both objectively, as the principle that all power is subject to law, and subjectively, as the critical awareness and responsibility required of legal actors. The article argues that institutional mechanisms alone cannot prevent arbitrariness without the reflexive engagement of those who interpret and apply the law. Drawing on legal theory, feminist jurisprudence, and international law, it shows how reflexivity helps legal actors address bias, navigate legal pluralism, and contribute to the development of law. Ultimately, reflexivity is presented as an essential cognitive capacity linking legal practice to the ideal of the rule of law.