La costruzione della democrazia

Teoria del garantismo costituzionale

Democracy is today in crisis even in countries where, until a few years ago, seemed like an irreversible system. Luigi Ferrajoli, one of the most illustrious jurists of our time, investigates the multiple and heterogeneous reasons for this crisis to refute the paralyzing and widespread belief that there are no alternatives to what is happening, and to remember that these exist, and consist in the construction of guarantees and of the institutions guaranteeing fundamental rights and principles of peace and equality contained in the many constitutional and international charters with which our systems are equipped. Of course, democracy is not just a legal construction. It is above all a social and political construction, dependent on extra-legal assumptions which however the law can both promote and encourage: the participation of citizens in public life; the formation of their civic sense; the maturation of a public opinion that takes seriously the connection between peace, democracy, equality and fundamental rights; the development, in the common sense, of the awareness of the increasingly enlarged dimensions of public interests, general and common to the whole of humanity, and therefore of the need for a generally global expansion of constitutionalism to match global powers, problems and challenges .

Luigi Ferrajoli
Year of Publication
Translated in:
Trotta (2023)
With the title:
La construcción de la democracia
Editori associati (tassonomia)