La sostenibilità costituzionale: profili teorici e scenari applicativi

In this essay the author aims to explore a concept often evoked in legal papers, but not yet focused, namely “constitutional sustainability”. A theoretical reconstruction will be proposed starting from some concrete cases. The thesis is based on the idea of the Constitution as an act that supports a complex regulatory structure built to implement the fundamental principles. These fundamental principles nourish the “social vocation” of the Constitution, to be understood as the ability to contribute significantly to the transformations of society. The Constitution is not only a limit to power, but also a incentive and guide to power. So, we will try to demonstrate that an act or behaviour, even if it is legitimate, can prove to be constitutionally unsustainable.