Gianluca Bascherini

The constitutional duty of solidarity and the relationship between freedom and responsibility

  • Abstract

Informations and abstract

Keywords: Italian Constitution, Constitutional Rights; Constitutional Duties, Solidarity; Freedom; Responsibility.

Discussing the relationship between rights and duties is one of the main aspects of the dialectics between freedom and responsibility. Since the birth of the Italian Republic, however, doctrine and jurisprudence have not devoted much consideration to the constitutional duties of solidarity, despite their crucial role in the pursuit of a responsible practice of freedom within a democratic and pluralistic society. In this perspective, the first part of the article explores the debate on the topic of solidarity during the drafting of the Italian Constitution. The second part explores the reasons behind the belated and partial implementation of the constitutional principle of solidarity. The third part examines the changes in the constitutional discourse on duties, devoting special attention to the spreading of «self-managed» solidarity. Finally, the conclusions dwell on a renewed interest of current scholars in the constitutional duty of solidarity when facing the many crises of our times.

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Article first page