The Constitution of the Earth. Some Critical Remarks
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Abstract
The essay intends to critically analyze the most advanced and intriguing result of the long path of modern constitutionalism: the proposal for a Constitution of the Earth put forward by Luigi Ferrajoli to crown his long normative investigation on the subject of fundamental rights. This analysis aims programmatically to disregard the geopolitical feasibility of this proposal in order to focus on the following three questions: 1) is this proposal really desirable by all humanity? 2) is it compatible with the cultural characteristics of individuals and different peoples? 3) is it internally coherent?
Keywords
- Western enlightenment
- Oriental despotism
- Global order
- Egalitarianism
- Utopia/ dystopia