In defence of a holistic constitutionalism: on the phrase 'on an equal footing with other states' in Article 11 of the Constitution

Abstract

Aware of the evolving relations among legal orders in the aftermath of WWII, this work focusses on the «equal conditions» that Article 11 of the Italian Constitution requires for the State’s adhesion to and implementation of Treaties and international organisations. Taking the post-Nuremberg order as a reference, this work depicts the holistic quality of contemporary constitutions as a tool to pursue a certain homogeneity between national and international law through the sovereignty-representation construct, building on the dignity of the human person as the key concept. Thanks to this quality, it argues, such order would be safe at the domestic side – as constitutions would stay both open and rigid – as well as in the manifold dimensions of globalisation, for peace and justice would be easier to pursue. Critical reflections will be advanced as for the multiple theories addressing constitutional law after the State, on one side, and the constitutionalisation of international laws, on the other. Eventually, three options de jure condendo will be formulated to account for the material application of the ‘equal condition’ clause