Abstract

The essay aims to reconstruct the origin and development of the notion of landscape in the Italian legal system, from pre-republican legislation to the constitutional order. It also investigates the implications that this notion has had on the very concept of «territory» no longer considered as a mere element of the state, but rather rethought as a constitutionalized space on which fundamental rights are projected and the political and cultural aspirations of a political community are shaped. From the proposed analysis, the landscape presents itself as a space-in-common of freedom, through which the constitutional State can carry out its tasks, the first of which is to remove the obstacles that hinder the full development of the human person.