In the contemporary society, despite significant advancements across various domains, the enduring prevalence of systemic injustices and deep-rooted inequalities remains an undeniable reality. Notwithstanding the extensive statutory guarantees and institutional safeguards established domestically and globally, an alarming surge in regressive trends has become increasingly apparent. Growing in the last decades, pushed by technological developments, it is becoming ever more dauting in the last few years. This recognition not only emphasises the critical need for a comprehensive reassessment of the current constitutional frameworks (national and supranational), but also stresses the urgency of identifying and fostering innovative legal approaches that can efficiently confront the injustices embedded within our globalised society. Ascertained that no panacea exists, nor that this research intends to be one, the goal of the present investigation is to situate itself in the scientific debate on access to justice, public interest litigation and fundamental rights enforcement. Through the lens of Italian constitutional law, situated in the multilevel European system, it stems from the assumption that the traditional techniques of fundamental rights enforcement, while foundational, are not (always) efficient in today’s society. At least to some degree and circumstances, the implementation of new collective mechanisms of judicial enforcement appears beneficial.

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  • Ander Maglica

摘要

In the contemporary society, despite significant advancements across various domains, the enduring prevalence of systemic injustices and deep-rooted inequalities remains an undeniable reality. Notwithstanding the extensive statutory guarantees and institutional safeguards established domestically and globally, an alarming surge in regressive trends has become increasingly apparent. Growing in the last decades, pushed by technological developments, it is becoming ever more dauting in the last few years. This recognition not only emphasises the critical need for a comprehensive reassessment of the current constitutional frameworks (national and supranational), but also stresses the urgency of identifying and fostering innovative legal approaches that can efficiently confront the injustices embedded within our globalised society. Ascertained that no panacea exists, nor that this research intends to be one, the goal of the present investigation is to situate itself in the scientific debate on access to justice, public interest litigation and fundamental rights enforcement. Through the lens of Italian constitutional law, situated in the multilevel European system, it stems from the assumption that the traditional techniques of fundamental rights enforcement, while foundational, are not (always) efficient in today’s society. At least to some degree and circumstances, the implementation of new collective mechanisms of judicial enforcement appears beneficial.