Le garanzie costituzionali dei diritti fondamentali

Author/s Luigi Ferrajoli
Publishing Year 2007 Issue 2007/1 Language Italian
Pages 16 P. 11-26 File size 57 KB
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The author aims to refute democracy’s procedural conception, which he judges a theoretical semplification inadequate both from the descriptive and the normative point of view. Recognizing that the formal dimension of democracy as a form of power built on the popular will is absolutely essential, Ferrajoli denies that this one is its only essential trait. In other words, is a purely formal conception of democracy able to comprehend all the conditions which have to be present to qualify a political system as a democracy, or even better a «consitutional democracy»? The essay offers four reasons for this conception to be streghtened by substiantial limits or restraints which tipically amount to fundamental rights.

Luigi Ferrajoli, Le garanzie costituzionali dei diritti fondamentali in "TEORIA POLITICA" 1/2007, pp 11-26, DOI: