General will and representation in the ius rationalist constitutionalism

Abstract

The “iusrationalist” thought, conceived the political representation as the mechanism to reach the general will, not understood with a numerical sense (as will of the whole), but in a qualitative sense (as the most rational will). The general will, created by the social contract, was subdivided in two ways: a social, non- official will (public opinion), and a state official will (statutes passed by Parliament). The elections were the way to choose the most capable people to reach the general will, that should be reached after consultation with the public opinion. In fact, all the electoral instruments (incompatibilities, kind of suffrage, characters of the vote...) pretended to guarantee the selection of the most capable. On the other hand, the structure of the Parliament and its internal rules were designed to guarantee a rational debate that should transform the public opinion in a real state will.