As is known, the two pillars of constitutionalism are the legitimacy (and limitation) of power and the respect of rights. In this light, it is here addressed how the social changes of the current globalised age are questioning the notion itself of constitutionalism, as well as the special lens that adopting such a perspective entails. Furthermore, the puzzled and blurred multilayered nature of the current constitutional system is briefly recalled, to explain the peculiar stage on which new and old actors are called to perform. The mutations of the traditional concept of sovereignty are also accounted, with their favouring the emergence of new gravitational centres of power, beyond the national Westphalian conception, with their questioning the traditional public v. private paradigm, as well as the very concept of statehood, and with their deep capsizing of legislative, executive and judicial functions. The failure of traditional ‘intermediate bodies’, specifically political parties and specifically in Italy, is then stressed, urging for the need for a ‘renewed pluralism’, with judicial traits, too.

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A Multilevel Constitutional Context

  • Ander Maglica

摘要

As is known, the two pillars of constitutionalism are the legitimacy (and limitation) of power and the respect of rights. In this light, it is here addressed how the social changes of the current globalised age are questioning the notion itself of constitutionalism, as well as the special lens that adopting such a perspective entails. Furthermore, the puzzled and blurred multilayered nature of the current constitutional system is briefly recalled, to explain the peculiar stage on which new and old actors are called to perform. The mutations of the traditional concept of sovereignty are also accounted, with their favouring the emergence of new gravitational centres of power, beyond the national Westphalian conception, with their questioning the traditional public v. private paradigm, as well as the very concept of statehood, and with their deep capsizing of legislative, executive and judicial functions. The failure of traditional ‘intermediate bodies’, specifically political parties and specifically in Italy, is then stressed, urging for the need for a ‘renewed pluralism’, with judicial traits, too.