Economic freedom and constitutional rights. The U.S. Constitution indeterminate normativity while facing economic and social reforms
Journal title DIRITTO COSTITUZIONALE
Author/s Francesco Bilancia
Publishing Year 2024 Issue 2024/3
Language Italian Pages 27 P. 15-41 File size 233 KB
DOI 10.3280/DC2024-003002
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The essay analyses the US Federal Constitution normativity evolution, considering the Supreme Court case-law on the New Deal legislation, dealing with two different layers of critical approach. On one side, the constitutional text rendering is at stake, especially considering the fundamental rights protection and guarantees by the Courts, going back and actualising the opposite views of the so-called originalism in textual interpretation and the idea of a living constitution. The study is carried out comparing, in an historical perspective, the New Deal constitutional moment and the fight for the civil and political rights recognition during the second half of the 60s and at present days. On the other side, the essay deals with a diachronic confrontation between the US constitutional events during the 30s, the emergence of the European continental Constitutions after World War II and the implementation of the European integration process. The analysis continues then considering the constitutional consequences of the spending powers expansion of the Federal State on the member States constitutional conferred powers, while taking into account the form of state and its conceptual categories transformation. The similar transformation of the conferred power doctrine between the EU institutions and the European member States are also taken into account, considering the recent growing expenditure capacity of the European institutions as a possible case of authority migration.
Keywords: New Deal, Corte suprema, normatività costituzionale, diritti civili e politici, poteri di spesa e dottrina dei poteri conferiti; New Deal, US Supreme Court, Constitutional Normativity, Civil and Political Rights, Spending Capacity and Conferred Powers Doctrine.
Francesco Bilancia, Libertà economica e diritti costituzionali. La oscillante normatività della Costituzione USA alla prova delle riforme economico-sociali in "DIRITTO COSTITUZIONALE" 3/2024, pp 15-41, DOI: 10.3280/DC2024-003002