Peter Häberle

First lesson of «constitutional law»

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Abstract

The article constructs the function of a «first lesson» of constitutional law as an introduction to the concept of constitutional law and to the world of ideas of the «constitutional State». It introduces its structural principles, its elements and its procedures such as democracy and fundamental rights. It clarifies that a constitutional lawyer needs to muster the classical canon of interpretation, enriched by a comparative method, the acquis of the constitutional theories, including the procedural theories and the cultural sciences theories. In addition it claims that a constitutional lawyer also needs an idea of the relationship between the science of constitutional law and the other legal sciences, in particular the law of the European Union and International law. The remark about the genealogy and the migration of constitutional texts allows the analysis of the perspective of the constitutional State and the evaluation (in moderately optimistic terms) of the 150 years of Italian unification.

Keywords

  • Constitutional Law
  • Constitutional State
  • 150 years of Italian unification

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