Marco Croce

Freedoms Guaranteed under Art. 33 of the Constitution in the Unresolved (and Irresolvable?) Dialectic between Individualism and Communitarianismo

  • Abstract

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The aim of this contribution is to survey the meanings assumed by Art. 33 of the Constitution in the unwinding of the history of the Republic of Italy up to the most recent developments. The analysis focuses attention on the freedoms guaranteed under the first four paragraphs of this article and on the difficult balancing that the same require. In particular, the principal developments in doctrine and jurisprudence are recalled from an almost purely constitutionalist perspective. During the analysis an attempt is made to uphold the reasons why a reading appears preferable in an individualistic sense of the constitutional system of freedoms as an interpretative key able to resolve the antinomies that feed the difficulties present in the different sectors of the system in the regulation of the legal institutions regarding the trend-setting organisations and, in particular, the schools the make reference to them.

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