Abstract

PISARELLO, Gerardo. The Social Constitutionalism before the Crisis: Between the Agony and the Republican-Democratic Refoundation. Rev. Derecho Estado [online]. 2012, n.28, pp.55-75. ISSN 0122-9893.

The aim of this paper is to comment the impact of the economic and financial crisis on some basic elements that define social constitutionalism in Europe and, to a lesser extent, in the United States. The main idea defended here is that the current crisis is a continuation of that one from the 1970 that led to new forms of finance capitalism and neoliberal constitutionalism. Hence, it has produced new damages to social, environmental and democratic core elements of traditional constitutionalism, as well as new violations of the Rule of Law. This drift may have an authoritarian and despotic outcome. But it could also lead to a republican and democratic refoundation of constitutionalism that might dispute the pathologies of traditional social constitutionalism.

Keywords : Social constitutionalism; crisis; democracy; rights and freedoms; Rule of Law.

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