Constitutions, Openness and Comparative Law

  • Giuseppe Martinico Scuola Universitaria Superiore Sant’Anna, Pisa
DOI: https://doi.org/10.18543/ed-67(1)-2019pp111-124
Keywords: Constitutional Law, openness, 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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Author Biography

Giuseppe Martinico, Scuola Universitaria Superiore Sant’Anna, Pisa

Associate Professor of Comparative Public Law

Published
2019-07-31
How to Cite
Martinico, Giuseppe. 2019. “Constitutions, Openness and Comparative Law”. Estudios De Deusto 67 (1), 111-24. https://doi.org/10.18543/ed-67(1)-2019pp111-124.
Issue
Vol. 67 No. 1 (2019)
Section
Special Issue

Last update: 08/02/2022

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