The essay addresses, with the help of various disciplines, some of the major challenges thatcontemporary constitutionalism is called to face. The first point concerns the response of thelegal systems to populism and anti-system parties, also in the perspective of political science.Subsequently, the Author focuses on the immigration issue, illustrating the theoretical approachesto the problem, and offers an overview of the measures taken by some European States. The nextchallenge concerns the topic of judicial creativity and the use of foreign law by constitutionaljudges, with particular attention to US experience and Italian doctrine. Another point regardsthe present and future tensions between unity and diversity, both within the States and in thecontext of supranational organizations such as the European Union. Finally, the article contains anoverview of issues related to biolaw and artificial intelligence.
Los retos del constitucionalismo contemporáneo
Giuseppe Franco Ferrari
2021
Abstract
The essay addresses, with the help of various disciplines, some of the major challenges thatcontemporary constitutionalism is called to face. The first point concerns the response of thelegal systems to populism and anti-system parties, also in the perspective of political science.Subsequently, the Author focuses on the immigration issue, illustrating the theoretical approachesto the problem, and offers an overview of the measures taken by some European States. The nextchallenge concerns the topic of judicial creativity and the use of foreign law by constitutionaljudges, with particular attention to US experience and Italian doctrine. Another point regardsthe present and future tensions between unity and diversity, both within the States and in thecontext of supranational organizations such as the European Union. Finally, the article contains anoverview of issues related to biolaw and artificial intelligence.File | Dimensione | Formato | |
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