A global constitution not only does not exist, but it cannot exist. Nor can there be a global government, based on majority electoral investiture, while we must imagine, if anything, a process of global governance. It is no coincidence that Paolo Carrozza also expresses strong perplexity about the vertical and hierarchical “investiture democracy” (majority), “constitutional” in the traditional sense (based on the concepts of people and sovereignty). On the other hand, he openly considers it preferable – not only on the global level but also on the European and even the state level – a "relational democracy", horizontal and consensual, collaborative, which takes into account diversity, based on progressive agreements. Not surprisingly, this is typical of the “form of government” (or “form of state” ?) of the European Union. Despite its imperfections and its problems – not least a certain democratic deficiency and an evident fragility of the so-called European pillar of social rights – the latter could become a good global "model" of a constitutional social state of law, realising the utopia of unity in respect of diversity, as opposed to the so-called illiberal and sovereign democracies.
Ampia riflessione, che prende spunto dai lavori di P. Carrozza, sul costituzionalismo globale e sul fenomeno peculiare dell'integrazione costituzionale europea
Integrazione europea e costituzionalismo globale / Spadaro, Antonino. - In: DPCE ONLINE. - ISSN 2037-6677. - 47:n.2/2021, sez. monografica III (in ricordo di P. Carrozza)(2021), pp. 2431-2444. [10.57660/dpceonline.2021.1359]
Integrazione europea e costituzionalismo globale
Spadaro Antonino
2021-01-01
Abstract
A global constitution not only does not exist, but it cannot exist. Nor can there be a global government, based on majority electoral investiture, while we must imagine, if anything, a process of global governance. It is no coincidence that Paolo Carrozza also expresses strong perplexity about the vertical and hierarchical “investiture democracy” (majority), “constitutional” in the traditional sense (based on the concepts of people and sovereignty). On the other hand, he openly considers it preferable – not only on the global level but also on the European and even the state level – a "relational democracy", horizontal and consensual, collaborative, which takes into account diversity, based on progressive agreements. Not surprisingly, this is typical of the “form of government” (or “form of state” ?) of the European Union. Despite its imperfections and its problems – not least a certain democratic deficiency and an evident fragility of the so-called European pillar of social rights – the latter could become a good global "model" of a constitutional social state of law, realising the utopia of unity in respect of diversity, as opposed to the so-called illiberal and sovereign democracies.File | Dimensione | Formato | |
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