L’America balla da sola? I fattori di resistenza dell’ordinamento statunitense al costituzionalismo globale

This article explores the main components of the American constitutional culture that resist the contemporary globalizing trends. It singles out four features of this resistance: the role of the Constitution in shaping the country’s identity; the common law tradition and the status of stare decisis that attaches to it; the legacy of political constitutionalism that still pervades its understanding of jurisdiction; and the reluctant adhesion to the law of nations more broadly. The article uses these features as proxies to investigate the nature of global constitutionalism.