Considérations critiques sur la Constitution et les droits dans la culture juridique italienne contemporaine

Abstract

In the following paper is put in question the present-day dominant Italian ideology of the so called ‘new constitutionalism’, which considers human rights as an open-texture catalogue of claims which only the Constitutional Courts (and more generally Justices) are entitled to interpret and implement. This ideology is considered as a tool for overcoming the traditional liberal rule of law (Rechtsstaat) in favor a of more and more developed rule of the courts (Richtersstaat).