Constitution and Public Sphere: Between Sistemic Differentiation, Inclusion and Recognition

Author/s Marcelo Neves
Publishing Year 2011 Issue 2011/2
Language Italian Pages 32 P. 79-110 File size 604 KB
DOI 10.3280/SP2011-002004
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After a short criticism to the very often inflationary and metaphorical use of concepts like "Constitution" and "public sphere", the author describes the essentially "modern" aspects of the concept of constitution, linking the constitutional semantic with its structures. The concept of pluralistic public sphere is defined in terms of a structural dissent arena focused on problems concerning the juridical-constitutional and political procedures. On this basis the author discusses the current problems concerning the relationships between public sphere and constitutional procedures in the democratic Rechtstaat, emphasizing the difficulties generated by the new global trends of exclusion and of non-recognitions. In such a way, inclusion and recognition are characterized as prerequisite of a pluralist public sphere. Finally the author underlines the boundaries and the limits of the pluralistic public sphere, and therefore the danger that it become obsolete in the context of the structural evolutions of the global society.

Keywords: Constitution, Public Sphere, Inclusion, Recognition, Systemic Theory

Marcelo Neves, Costituzione e sfera pubblica: tra differenziazione sistemica, inclusione e riconoscimento in "SOCIOLOGIA E POLITICHE SOCIALI" 2/2011, pp 79-110, DOI: 10.3280/SP2011-002004