For and Intercultural Theory about Fundamental Rights and Constitution
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Abstract
The article deals with the issue of fundamental rights, through an orientation conducive to intercultural research in the legal field, in particular in the comparative law. This approach is useful to reject any form of neo-colonialism of human rights, which prescinds from the respect of all people and communities for their own cultures. Only after having recognized and appreciated the different cultures of human rights can be useful to converge on the common principles consensually recognized: tolerance, solidarity, pluralism, etc. In this perspective, the article suggest a higher attention to pluralism and a less formal approach, introducing the concept of «costituzionalismo meticcio».
Keywords
- Comparative Law
- Methodology of Legal Comparison
- Intercultural Research
- Pluralism
- Fundamental Rights
- Intercultural Citizenship
- Constitutionalism