Possibilities and limits of a global constitutionalism. What is left of constitutionalism once we globalize it?
Abstract
Constitutionalism does not aspire to become a consummate legacy but is presented as an open program for the future. As stated Ferrajoli beyond his vocation of warranty of rights on the performance of state power, his ideology also intended to serve to the limitation of any power not only public but also private to guarantee all rights, not only political rights and freedom, but also social, and, finally, at all levels, not only in the state law, but also internationally. Cosmopolitan projects postulate the extensión of a constitutional model to any supranational power headquarters. However, the overall legal reality is far in fundamental constitutional model. Among the main changes can be noted the following three: crisis of unity and supremacy; weakening of the legislative or political leadership and strengthening the executive and judicial activity, and replacement of a constitutionalism of rights by procedural constitutionalism. The enormous gap between reality and the model globally make us reflect about what may be an appropriate legal model based on the criteria of global justice.
Published online: 27 November 2014
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Last update: 08/02/2022
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