- Ricerche e Progetti
- Biblioteca della Libertà
- Pubblicazioni e Working Paper
- Articoli e media
- Eventi e notizie
Collective Choice and Constitutional Guarantee
In this article the author questions the widespread opinion that, per se, constitutions represent guarantees of individual freedom and encapsulate the principle of the government of law as opposed to government by men. In reality, argues the author, the ambit of collective choice of which constitution is a product is by its very nature unlimited and, as such, likely to violate the rights of individuals and minorities, allowing them to be exploited and to suffer the abuses of the government, whether an absolute sovereign or a majority that operates in the ambit of constitutional guarantees. This is made even more probable by the fact that, above all (but not only), in democracies, the concept of ‘common good’, vague and by its very nature indefinable, is often used to justify the abuse. The author demonstrates how the sole guarantee of relatively solid constitutional guarantees resides in the rigidity and substantial non-modifiability of the constitution itself, built around a few simple rules.