This article examines Bruno Leoni’s Freedom and the Law and its relevance for contemporary constitutionalism. It highlights Leoni’s critique of legislative positivism, his defense of spontaneous legal order, and his skepticism toward political representation. The analysis explores tensions in his thought, such as the role of legislation and state power in maintaining market stability. Engaging with the thought-provoking ideas of scholars like Bobbio and Luciani, the paper underscores Leoni’s enduring insights into judicial power, liberty, and the limits of state intervention.
This article analyses the thought of Bruno Leoni in relation to his theoretical affinities with the Freiburg School, particularly regarding their shared distrust of representative democracy and collective decision-making processes. Although Leoni does not fit easily into traditional liberal categories, his critique of legislation, political representation, and collective organisations shows considerable similarities with ordoliberalism. This comparison emerges especially from a detailed examination of Freedom and the Law, in which Leoni develops his most clearly articulated reflections on the relationship between individual freedom, legislation, and democratic processes. The analysis first examines the relationship between law and legislation in Freedom and the Law, clarifying Leoni’s approach to legal theory and the central role he assigns to adjudication over legislation. The relationship between freedom and law is then considered, focusing on Leoni’s conception of the market and his critique of representative democracy. Finally, the study compares Leoni and the Freiburg School, highlighting the overlaps between his ideas and ordoliberalism. Based on these elements, the article demonstrates how both perspectives reveal a fundamental tension between economic freedom and democratic decision-making, leading to a conception of law as a constraint on political action aimed at protecting the market order and private initiative from State and collective interference.
