Extra ordinem. Breve storia del costituzionalismo multilivello tra volontà d’integrazione, dialettica delle differenze, globalizzazione e trasformazione dello stato

Abstract

Balance between each state’s sovereignty and the European one has reached its peak point. Knowledge of the UE’s constituent process as well as its system of government implies the study of the transition stage which representative assemblies are going through and which questions its institutional role. Besides, globalisation has clearly changed interpersonal relationships from a political, economic, territorial and legal point of view. The law, a basic tool to rule and mediate among individuals or institutions, as well as a means to put into practice a society’s needs should take into account the key role of the global network of space connections and functional interchanges. Its European aspect drives the boundaries set by the countries’ constitutions to despair; a change —far beyond the clear relapses which take place in private law— conclusively disguises a public aspect. Then different interests collide in a constitutional land on different levels: the model of European government implies a democratic legitimacy of control different from the one countries have; the transfer of norms implies some consequences for the system and the internal constitutional balance. European constitutional proceedings should be made of a global experience leading to polygarchy, which is a type of government directly deliberative and which can renew democratic circuits.