Neocostituzionalismo e positivizzazione dei valori

• Main Author: Mateos Martinez, Jose <1984>
• Other Authors: Barbera, Augusto Antonio
• Format: Doctoral Thesis
• Language: it
• Published: Alma Mater Studiorum - Università di Bologna 2011
• Subjects: IUS/08 Diritto costituzionale
• Online Access: http://amsdottorato.unibo.it/3360/

This doctoral thesis seeks to make a comprehensive analysis of neoconstitutionalism, studying their manifestations in constitutional law and doctrine. Neoconstitutionalism, as a new manifestation of constitutional phenomenon that emerged after World War II, is characterized by the need to take any legal possession of certain premises, materials of an immovable, coinciding with the fundamental human rights, which will fall outside the potential political majorities, and become its cornerstone. These assumptions are intended as safeguards needed to protect human dignity and the democratic system itself against anyone, even taking advantage of a power obtained democratically which intends to demolish the pillars of democracy and to establish tyranny. The Constitution is enshrined as a basic rule of real system, a repository of these fundamental rights, the observance by public authorities becomes inexcusable. This will involve a role for judicial review in its protection. Thus, supremacy of the constitution, deepening respect for and promotion of fundamental rights and role of constitutional judge as the guarantor of its validity are the bases of neoconstitutionalism, a legal phenomenon not only current, but evolving.