Intruder in the Constitution: la parabola dell’obiezione di coscienza alla leva militare nel contesto statunitense

Intruder in the Constitution: the conscientious objection to military service in the U.S.

Abstract

The paper analyses the case of conscientious objection to the military service in the context of the United States. The starting point is the experience of the thirteen colonies, whose constitutional texts have protected conscientious objection since a very early period. Next, it analyses the recognition of conscientious objection in the contexts of the War of Independence and the Civil War, and during the Twentieth Century. Moreover the raise and decline of the s.c. selective conscientious objection is examined. Lastly, the experience of the U.S. is compared with the constitutional protection of conscientious objection made by many European legal systems.