L’istituzione e il suo motivo esistenziale. Intorno al valore dell’effettività nella teoria di Santi Romano

The essay intends to highlight the particular value that Santi Romano attributes to the principle of effectiveness as “essential” to the life of the institution. Since his previous writings, in which the State is kept at the center of the legal order theory, in the volume of 1918 great attention is dedicated to the cd. “existential reason”, as a further condition for its improvement. The normative data, although fundamental, is necessarily complementary to the “institution” and it is in this measure that the State, a subject endowed with a unifying personality, assumes, in its historicity, also juridical importance. From the impersonality of public power - highlighted in the criticism of the principle of popular sovereignty, the “figuration” of the monarch and the problem of political representation of interests (precisely “organized”) - descends the personification of the State, or better of the Institution, because the State will result only one of the existing legal orders, despite its highest relevance.