Being a creation of the modern age, the state of law is based fundamentally on the supremacy of law, in so far as this law is right and equal for all citizens, with positive results not only for the society as a whole but also for each individual in part. Henceforth the consistent and regular application of this principle is possible only under the premises of a democratic organization and functioning of the social life, which ensure the observance of the fundamental rights and liberties of the human being, while still preserving and promoting the core values of humanity. However, even though the democracy and the state of law are based on correlative principles, these two also stand in a relative opposition: the sovereignty of the law and the multi-party system, the stability of the law and the succession to power of political parties, the reflection by the law of the general interest and the principle of legislation by the parliamentary majority. Therefore the elimination of malfunctions generated by such a relative antagonism imposes a series of corrective measures not only regarding the way to practice democracy, but also regarding the organization and functioning of the state. This paper aims at analyzing precisely these corrective measures, also emphasizing the malfunctions generated by not considering them properly.