Abstract
Autore:
Cordini Giovanni
Titolo:
"Cultura e patrimonio culturale nel costituzionalismo comparato"
Constitutionalism has recognized
the cultural element under two meanings,
one related to the personal sphere and
the other to the collective one. The latter is
a necessary element to define the concept of
“nation”; also, it is a basic element for the
foundation of legal systems. Surely this dual
applicability of culture has been transposed
in liberal constitutions, which protect individual
freedom on the subject and promote
culture through public initiatives. Besides
the reception in these charters, a certain level
of uniformity among constitutions can be
found; in fact, culture, in the promotion and
protection of art, science and environmental
sustainability, is particularly relevant in the
definition of the form of State. Culture has
also gained international recognition; however,
its promotion in the international scenario
is hindered by the claims of territorial
sovereignty and by trade liberalization. These
problems are worsened by the recent institutional
approach towards this subject, often
inconsistent and lacking unitary politics.