From ‘internal morality’ to ‘administrative integrity’: Redeeming ‘Law and Leviathan’ in Ibero-america

Law and Leviathan (L&L) by Sunstein and Vermeule has attracted much scholarly attention these days. In a recent ‘IberICONnect’ forum aimed at discussing the views on the book, researchers suggested that the argument for an internal morality of administrative law (IMAL) could not reach Ibero-american and European legal systems, where such principles are already recognized in written Constitutions. I want to argue against this interpretation of L&L and suggest that the idea behind IMAL has great importance, especially in the Latin American world, where rulemaking powers of the Administration remain a controversial feature. I argue further that a correct understanding of L&L draws not only from Fuller’s idea of an internal morality of law, but also from Dworkin’s integrity (as seen in Vermeule’s case for ‘law’s abnegation’), and this ultimately leads to an idea of “administrative integrity” and “prudence” that is vital for the legitimacy of the rulemaking powers of the Administration.