Constitutions, Openness and Comparative Law
Abstract
Openness and resistance are essential keywords to understand the essence of the so-called post-totalitarian constitutionalism. Indeed, according to Carrozza, there are three critical points that marked the evolution of Western constitutionalism. First, the distinction between constituent power and constituted power; second, the notion of the constitution as “higher law”, which ushers in the possibility of the judicial review of legislation; third, the tension between universal aspirations and national/territorial identities. This article will deal with constitutional openness understood as one of the pillars of post-totalitarian constitutionalism.
Received: 11 May 2019
Accepted: 21 June 2019
Published online: 31 July 2019
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Last update: 08/02/2022
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