This paper highlights how the Constitution of Social Justice (1848) is based on the principles of natural law as understood within the Thomistic tradition. The constitutional idea of social justice in the liberal state, while considering Antonio Rosmini's specific cultural roots, seems to have set itself the task of ensuring the protection of fundamental rights according to principles rooted in equality and reasonableness. The application of the idea of social justice to constitutionalism, which Antonio Rosmini traces back to the Thomistic concept of natural law and the inescapable components of it in a secularized interpretation (common good, equity, dignity of the human being) involves the balancing of rights and duties within the framework of constitutional protection.
Radici tomistiche, stato liberale e suggestioni democratiche nella Costituzione secondo la giustizia sociale. Brevi considerazioni circa il contributo di Antonio Rosmini al diritto costituzionale ottocentesco
Maurilio Gobbo
2024
Abstract
This paper highlights how the Constitution of Social Justice (1848) is based on the principles of natural law as understood within the Thomistic tradition. The constitutional idea of social justice in the liberal state, while considering Antonio Rosmini's specific cultural roots, seems to have set itself the task of ensuring the protection of fundamental rights according to principles rooted in equality and reasonableness. The application of the idea of social justice to constitutionalism, which Antonio Rosmini traces back to the Thomistic concept of natural law and the inescapable components of it in a secularized interpretation (common good, equity, dignity of the human being) involves the balancing of rights and duties within the framework of constitutional protection.Pubblicazioni consigliate
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