Il constituzionalismo nella dimensione sovranazionale: il caso europeo

In this paper the author argues that, historically, it is possible to recognize a "dual purpose" inconstitutionalism the first: the construction of limitations and safeguards in opposition to sovereingpower, in order to defend spheres of autonomy and rights, and the second: participation inthe construction of such power, with the element of consent and the obvious purpose to betterensure the same spheres and rights throughout the scope of sovereign power. It is about, inconsequence, of the two movements of constitutionalism: the resistance and parcipation. Theauthor notes that the constitutionalism of our time, chareacterized by the irreversible tendencyto leave the state and national boundaries, in order to build a system at an intemational level,is also an evidence of this "dual purpose", being the reason why one of them xonceming therights, can not ignore the order- the relative with politics.