Fondata da Bruno Leoni
a cura del Dipartimento di Scienze politiche e sociali
dell'Università degli Studi di Pavia
Editrice Giuffrè (fino al 2005)
dal 2006 Editrice Rubbettino
dal 2019 Editrice PAGEPress

Abstract


Autore:
Fotia Mauro

Titolo:
"Islam e costituzionalismo in una prospettiva politica comparata"

This essay deals with the connection between the religious thought of Islam countries and their political-juridical engagement in constitutionalism and fundamental rights according to a methodology of compared poltics referred to Western countries and therefore supported by a few basic references suggested by modern theories of multiculturalism. Nonetheless the belief confirmed in these pages is that first of all West and Islam should learn how to live toghether, putting aside dreams deriving from the tricks of globalism and correlated theories of a possible advent of a unique and universal society, under either Western or Islamic cultural primacy. Secondly, the author maintains that the path towards constitutionalism and human rights undertaken by several Muslim countries should not be stopped, but on the contrary supported and increased. In this view, this work considers and favours forms of regionalization and sectorialization of these topics, which, opposed to ideas inspired by Kant and Kelsen, of a law cosmopolitism and world constitutionalism, appear very profitable both on the level of doctrinal developments and that of operative concreteness.