Summary — The collapse of the Communist systems suggests a more careful consideration of some of the limits of the Western patterns of government. For this reason, the author underlines the need to promote the realization of a more complex formula of welfare state. In the light of Costantino Mortati’s teaching, the author believes that the Constitution has to be considered also as a set of fundamental principles binding value. The Italian Constitution has not formally adopted the formula Welfare State but this is not so important since the contents corresponding to that formula can be found in it. Democratic constitutionalism implies, after all, not only individual freedom and political equality but also a certain degree of social homogeneity "general welfare" and substantial equality. Otherwise the supremacy of economic power over the legal system, would turn democracy into an oligarchical régime placing society at the mercy of stronger groups. According to the author, the principle of public management of the economy is not necessarily in conflict with market culture, as the presence of antitrust rules shows. The market has to be regulated not only for economic reasons, but also to protect and foster the growth of democratic régimes.