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Lo stato costituzionale: canone e progetto dell’identità istituzionale europea

digital Lo stato costituzionale: canone e progetto
dell’identità istituzionale europea
rivista JUS
fascicolo JUS - 2019 - 1
titolo Lo stato costituzionale: canone e progetto dell’identità istituzionale europea
The Constitutional State as general rule and project of the European institutional identity.
editore Vita e Pensiero
formato Articolo | Pdf
online da 10-2019
doi 10.26350/004084_000029
issn 00226955 (stampa)
€ 6,00

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The originality of modernity in Europe is the dialectic and osmosis between two distinct poles: the Churches and the States. This is the root of political-religious pluralism, of laïcité and of the secularization of nation-states. Political authority and religious authority can interface and dialogue in their common appeal to the dignity of work and of the person placed as the foundation of the law. The paper focuses on some principal characteristic, stratified between growth, refluxes and tragedy in order to reflect, briefly and simply, on the principles by which Europe intends to move forward: nation, person, state, well-being and well-living, freedom and personal responsibility for action, equality among citizens, the prevalence of logos over vis, the flourishing of the arts in the city of man. The seed of human rights and revolutions was sown in the soil of the res publica and the ius publicum and ever since the Reform Act the representation of interests had been consolidated, the guarantee of individual rights has been strengthened, solemnly declared inviolable/fundamental/perfect/enforceable before a judge instituted as an impartial arbitrator, by the third collocation assigned to the judiciary; the separation of powers has been established and the foundation of the idea of the constitution instituted. A central crux today, above all in a new project for Europe, with the evident need for is democratic reinforcement, is representative democracy with supplements of direct democracy and methods of deliberative-participatory democracy to be increased and improved. One node is the need to stem populisms and parties that have arisen and grown on a personal basis.


Interests, Human rights, Representative Democracy, Pluralism, Constitutional State, European social rights.

Biografia dell'autore

Università Cattolica del Sacro Cuore, sede di Milano: