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Abstract
The article is focused on European constitutionalism as resulting from the transformations following the experiences of totalitarian states. The notion of democracy was then significantly re-shaped, to the extent that democratic devices (federalism and sometimes referendum) were introduced with a view to balance the excesses of a purely representative democracy. The recognition of social rights and of human dignity reacted against totalitarism and, on other hand, against the individualistic notion of rights affecting the XIX century’s constitutionalism. Constitutional review of legislation was introduced, thus overriding the myth of parliamentary sovereignty, particularly the idea of parliament as the sole authority capable of granting fundamental rights.
European Journal of Law Reform |
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Artikel | The Combination of Negative with Positive Constitutionalism in EuropeThe Quest of a ‘Just Distance’ between Citizens and the Public Power |
Keywords | democracy, constitutionalism, totalitarism, fundamental rights, judicial review |
Authors | Cesare Pinelli |
Author's information |
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