Abstract
Autore:
Maddalena Paolo
Titolo:
"La Dichiarazione universale dei diritti dell´uomo e la Costituzione della Repubblica italiana. Giudizio di equità ed identità tra equità e diritto"
The author draws attention to the harmony between the Constitution of the Italian Republic and the Universal Declaration of Human Rights, insofar as both have not only affirmed the innate and natural character of human rights but also clarified how these are constrained by duties ensuring the dignity of the individual, both formally and substantially. In this respect, the author identifies four pillars of the Italian constitutional order: the recognition of fundamental rights; the rights to education, art, science, scientific and technical research, and culture; the right to earn one’s keep and to social security; the principle of equality. The author considers this legalization of ethical principles as a process through which natural law is made into positive law, thereby moving beyond the formal logic of juridical positivism once and for all. Hence the author sees the need to go beyond a normative interpretation of article 12 of the “pre-laws” supporting a systematic, axiological interpretation, which can reconcile equity and positive law. This harmonization is not a matter of subjective understanding but within the context of constitutional and ethical principles and according to the general, unifying principle of equality.
