I significati costituzionali dell’insularità nello Stato democratico e pluralista

Constitutional meanings of insularity in the democratic and pluralist state

Abstract

Drawing inspiration from the recent Italian constitutional reform, by Constitutional Law no. 2/2002, the paper aims to shed light on the various interpretations of insularity within the constitutions of democratic and pluralist states. The reform introduced a new paragraph (6) in Article 119, recognizing the principle of insularity as a means for the State to provide special care in addressing developmental disadvantages. For this purpose, the paper analyzes eight relevant national experiences and categorizes the normative data into three main groups. The first category encompasses constitutions that view insularity as a mere territorial aspect of the State. The second category interprets insularity as a factor of speciality to be taken into account in the framework of administrative and governmental autonomy. The third category comprises constitutions that consider the insular space as a distinct political entity with representative significance. Finally, the fourth category encompasses the most recent trend, which combines the notion of insularity with the imperative to promote territorial cohesion and solidarity. This approach assigns the State a proactive duty to act in favor of disadvantaged areas.