Giuliano Amato

Open access

The Constitution Today

  • Abstract

Informations and abstract

Keywords: Constitutions, Constitutional rights and duties, Principle of solidarity

The Italian Constitution belongs to the great tradition of the French Revolution. Indeed, it was born to affirm rights violated by a pre-existing system of oppression. It is therefore permeated by the theme of rights. However, for these rights to be effectively exercised, the constitutional principles must take root in the collective conscience. In addition, the way in which we assert our rights can offend others by entering into their lives and harming them. Therefore, along with guarantees of rights, there must be limitations that we must be able to respect so that they do not transform into power abusively exercised to violate the rights of others. It is precisely the principle of the necessary combination of rights with solidarity duties that Article 2 of the Constitution has solemnly sanctioned. The pandemic offers a very pertinent example today as everyone’s rights and freedom are necessarily facing a limitation. This limitation lies in the duty not to undermine the right to health of others.

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