Il modello costituzionale italiano di famiglia e l’evoluzione dei rapporti sociali

The essay aims to demonstrate the existence, in the Italian legal system, of a constitutional model of family which is possible to glean through a full interpretation of the fundamental charter. This model, that can be considered original in the European and international context, is relevant for the evolution of the social institution of family, even under the legal aspects, because of several reasons. It could (and should) guide the policy makers (Parliament, in particular) in order to answer to the demand of recognition and protection of civil unions and other similar figures. Indeed, the identification of the essential core of this model is necessary to avoid totally subjective approaches in reading the constitutional rules about family. This approaches rick to overlook not only the historical and cultural roots of the model, but also its legal actuality (for instance, for a meaningful interpretation of the “margin of appreciation doctrine”, developed by ECHR in this matter). The proposal of the essay is also oriented to focus the ethical dimension of the problem, so to enrich the public debate about family institution according to an authentic pluralism of values, against partial and often reductive visions of the human person in society.