Il faticoso procedere della persona umana tra i crinali della storia

Abstract

In recent decades, new rights have been established in case-law, not recognised previously by any constitution or international declaration. The phenomenon is itself positive, but we must avoid individualistic drifts, which clash with the model of society, personalist and pluralist, underlying not only the Italian Constitution of 1948, but in general the majority of modern constitutional states. That is why emerges the need to elaborate and structure a statute of the person’s rights, the most universally valid: in this regard, the fundamental criterion of discernment is the recognition of the dignity and reasonableness of every human person, starting from the formation of the genome. Even in ethically sensitive matters, the identification of a reasonable balance of the opposing needs is primarily the responsibility of national legislators, but the national constitutional courts are responsible of verifying the reasonableness and proportionality of the balance achieved in the legislative process. The reasoned analysis of the solutions reached, also in critical function respect to possible involutions contrary to the Constitution, and the well-argued development of possible alternatives are one of the most important contributions that the Academy can make to contemporary legal experience.