Relazione finale Iper-costituzione, decostruzione della Stufenbau e nuovi criteri legittimativi del diritto

Hyper-Constitution, Constitution, and the Sources of Law

Abstract

The first part of the essay addresses the methodological issues of the study on the sources of law. Starting from the analysis of the reports presented at the conference and the global literature on this topic, the argumentative pattern underlines the confusion often existing between two conceptions of the legal sources, and points out the trend in using the “internal” or “dogmatic” ones, even in comparative legal studies. This approach merges the form and the substance, as well as domestic and comparative law. The second part of the essay is devoted to the construction of a “hyper-constitution” that claims to be global even if it is based only on Western values and on its “colonial” and “imperialist” features. Subsequently, the essay analyzes the apparatuses and the distortion of the legal sources’ systems, critically addressing the collusion of the constitutional doctrine and of the constitutional and transnational judges, basically negligent towards values of other legal traditions.