Valerio Fabbrizi

Theories of democracies, constitutionalism and the courts. A Theoretical Reflection

  • Abstract

Informations and abstract

Keywords: Corti; Costituzionalismo; Kelsen; Dahl; Schmitt.

This article deals with democratic constitutionalism in order to investigate the proper nature of constitutionalism, by wondering about its peculiarities and specific objects. Against this background, this essay aims at providing a paradigmatic definition of constitutional theory, for more specifically exploring its different undertones. For this reason, the first section of the article offers an analysis of the most relevant theoretical contributions within modern and contemporary constitutionalism. Thus, the first section explores Carl Schmitt's, Hans Kelsen's and Robert Dahl's definition of constitutional democracy. The second section then focuses with more attention on contemporary liberal-democratic constitutionalism, manly on one of the most debated issues: the dichotomy between legal and political models of constitutionalism, which goes hand in hand with a distinction between dualist and monistic accounts of democratic theory. The last section proposes an insight into the Italian constitutional system, by comparing it with the U.S. model, by especially focusing on the functioning and structure of the Constitutional Court compared to the U.S. Supreme Court.

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