La democrazia attraverso i diritti

The rigid constitutionalism has deeply changed the nature of law and democracy, imposing to the policy limits and substantial constraints, to guarantee fundamental rights constitutionally established. Today the whole building of constitutional democracy is attacked, as a theoretical model, and as a political project, by the asymmetry between the global nature of the economic and financial powers and the still state boundaries of law and democracy; by the abdication to the role of government of the policy, as powerless and subordinate to the markets as powerful against weak people and their rights; the general development of lawlessness or worse of the absence of rules in powers, both public and private. The expansion of constitutionalism and the construction of its guarantees up to the new global economic powers is therefore the main task of politics and the only rational alternative to a future of unrest, violence, inequality and environmental devastation, as well as authoritarian and undemocratic involutions.

Author: 
Luigi Ferrajoli
Published in: 
2013
Translated in Spanish by:
with title: La democracia a trav├ęs de los derechos