La justicia del derecho según el constitucionalismo (inter)nacional frente a una pregunta desorientadora

Abstract

The Justice of Law According to the (Inter)national Constitutionalism Facing a Disorienting Question

At the end of 2017, Gustavo Zagrebelsky launches a radically critical attack on fundamental rights and raises the question «whether the injustices and the evils of the world [...] are at fault or because of the rights». Taking a start from such a confusing doubt and from the solicitation for «a jurisprudence that [put in relation] the claims of rights with the problem of justice», this work focuses on the specific difficulties that today affects the conjugation of law and justice within the coordinates of the principles of (inter)national constitutionalism and, in particular, with reference to its founding principle of protection and implementation of fundamental rights. In particular, in order to clarify and justify the reply to the “disorienting question” by Zagrebelsky (§ IV), first, it will be specified in what a sense it is plausible to maintain that the political and legal project of (inter)national constitutionalism identifies the terms for an unprecedented conjugation of justice and law (§ II), and then attention will be directed to the difficulties with which the (inter)national jurisdiction is confronted when it wants to conform to the basic principle of (inter)national constitutionalism of the protection and implementation of fundamental rights (§ III).