The difficult balance of constitutional law between alleged technical neutrality and political choices

Abstract

After an initial overview of the relationships between technology, politics and law, the essay examines the growing pervasiveness of the technology into the law, which now – whitout the support of the technology and its rules – would not be able to regulate a wide number of topics. It is then analysed the definition and the nature itself of the concepts of “technology” and “technical rules” starting from the ancient times, until the current definitions of the Italian constitutional law. What emerges is the transformation of the technology from means to end, in the name of its alleged objectivity and neutrality. Therefore the technocracy is the antithesis of the democracy and the technology is the antithesis of the politics.