Chi deve essere il custode dei diritti? Sul costituzionalismo politico e i suoi limiti

Political constitutionalism claims that fundamental rights – their identification, their order of priority, the resolution of their conflicts – are better left to institutions endowed with democratic legitimacy, as opposed to courts. In this short essay, I’ll challenge the main arguments upon which political constitutionalists ground their position, and I’ll try to show that, and why, legal constitutionalism should be considered as a more sound stance instead. 

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