Brakeless.

The Neoliberal De-constitutionalization

Abstract

The constitutional State is under attack. If we separate Rule of Law and democratic sovereignty, civil rights and social rights, the holding of pluralist democracies is jeopardized. The sunset of the Rule of Law risks being one of the most dangerous consequences of neoliberal globalism and its crisis. The

demolition of the welfare State and the technocratic depletion of politics have in fact generated a distortion of constitutional democracies, which can open the way for the questioning of the Rule of law. The opposing ideological narratives on the Rule of Law can be grouped according to two visions: an optimistic one, which sees in neo-liberal globalization the opportunity for its generalized diffusion; a radical-maximalist, which completely liquidates its regulatory framework and inheritance. The essay analyzes these two trends, to focus then on the emergency paradigm as a challenge to the Rule of law.