Abstract
Autore:
Lachester Fulco
Titolo:
"Costituzione 7.0: gli anniversari, il cambiamento del contesto e la stella polare del costituzionalismo"
The essay shortly analyzes
how the Italian Constitution was celebrated
in the seven decades that separate us from
the institutions and the politically relevant
subjects of 1948, highlighting how the constitutional
principles and values are inserted
in the development of the contemporary
constitutionalism and how their application
comes out from the dialectic between constitution
in the material sense and the “living”
constitution in the context of the geopolitical
transformations and the supranational integration.
The Constitution of 1948 has undoubtedly
constituted the entry of our system
within the democratic constitutional state and
has polemically opposed both to the totalitarian
tendency of fascism and to the liberal legislative
constitutionalism represented by the
evolution of the Albertine Statute of 1848,
with its monarchic-constitutional roots. The
transition after the “glorious thirties” towards
new geopolitical equilibria, with dangers for
the welfare state and the representative democracy,
proposes however, for our system
and on the basis of profound historical trends,
the weakening of the constitutional material,
risking to bring the “formal” Constitution of
1948 to the breaking point. The conclusions
highlight the concern for the dangers of the
new situation, but also the need to relaunch
constitutionalism both in depth and in extension
