Resumen de Deliberative Constitutionalism and Constitutional Pluralism in the European Union: Synthesis or Antithesis?
Massimo Fichera, Francesco Rizzi Brignoli
Significant normative frameworks such as deliberative constitutionalism and constitutionalism pluralism have called into question the legal features of constitutions in the context of a plurality of authority claims, as well as the issue of constitutional legitimacy in circumstances of democratic deficit. There is however a limited view linking legal and political theoretical investigation in these frameworks, taken individually. The present paper claims that there can be a fruitful comparison between deliberative constitutionalism and constitutional pluralism, both in antithetic and synthetic terms. This comparison will be carried out through the epistemic investigation of a meta-constitutional rationale in transnational constitutionalism. Eventually, the paper will propose a notion of communal constitutionalism gathering elements from both normative frameworks and introducing an innovative rationale, with an emphasis on the role of future generations.
