Special Workshop Abstract

2. Paradigms of constitutionalism: towards a composite approach to legal theory — In the evolution of the juridical value of the constitutions, we may find a dichotomy between the attempts to conquer wider spaces of freedom by the social classes and groups which characterised its role the different phases of development of contemporary constitutions, and the tendency to constrain the legal system within the existing relationship of influence and power prevailing the society. We may avoid this indeterminateness by an approach to coherence, articulating the juridical dimensions of the constitutional fundamental principles.

3. The statement of freedom and the mutual adaptation of rights in a pluralistic society as dimensions of material control of constitutionality — The normative character of the constitutional principles are indeed the result of an evolution. We may see that there were firstly developed constitutional principles aiming to state the freedoms of the developing burgeoisie. In this sense the fundamental principles of the constitution appeared to be single-dimensioned. Later on they appeared to adapt the principle of guarantee with the principle of social promotion, therefore gaining a second dimension of juridical value. This stratification of the legal features of the constitution significantly affects the approach to coherence.

4. The peace principle and the third dimension of constitutional fundamental principles — Later on, especially after the World War II, the fundamental juridical importance of the peace principle was clearly stressed, in particular within the European Economic Community. Here we see that the peace principle, understood as an internal constitutional fundamental principle gains a third normative dimension, namely addressed to join the situation of the person within different systems, through the legal enforcement of the principle of equality, understood as non-discrimination. To widen the space of co-operation according with the fundamental principles of European law, also within the enlargement process, can be seen as an expression of solidarity. Solidarity, is another expression the fundamental constitutional principles of peaceful coexistence and banishment of war, in the supra-national and in the international sphere. A juridical support to this approach may be found in the principle of openness of the European Union, in the framework in which it has been considered in the works of the European Constitutional Convention.

5. Participation, representation and culture in the development of multi level constitutionalism—In any case, in order to link the different experiences referred to constitutionalism, there would always be the need of a constant dialectic relationship between the sources of state constitutional law and the European constitutional system.

6. Democracy, normative strength of a multi-level constitution and the role of the jurist — In a multi level framework, characterised by transition and change, it is then needed a jurist that may critically operate in all the branches in which law is created and interpreted, therefore supporting a public political discourse. In this way it may be limited the role of judiciary as a last instance arbitrate, and be preserved the normative force of constitution and law.