Costituzionalismo e giusnaturalismo

• Autores: Mario Dogliani
• Localización: Teoria politica, ISSN 0394-1248, Annali 1, 2011, págs. 129-137
• Idioma: italiano
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• Resumen

  • Constitutionalism and Natural Law Two forms of "neo-constitutionalism" can be distinguished: a polemic form and an adaptive form. The first type is a doctrinal movement which aims to criticize the positivistic basis of constitutional law and stress the role of principles and values. The second form maintains a strong positivistic stance. This paper argues that the distinction between these two types of "neo-constitutionalism" does not mean that they are incompatible. A common reference can be found in Kant's "universality test" that is based on a subjective universalism. The supreme principles of the constitutions are maxims that could be considered by all rational beings as universal laws of action. "Polemic neo-constitutionalism" recognizes the crucial role of the interpreters of the constitution, whereas "adaptive neo-constitutionalism" emphasizes that the distinction between law and morals is contingent upon a series of parameters.