La (mancata) tutela dei diritti fondamentali frav sfide del costituzionalismo (inter)nazionale e disordine delle fonti del diritto

This paper aims at providing an overview of the nearly seventy years of challenges which have been coming along with (inter)national constitutionalism since its beginnings. Most of all, it aims at drawing attention to their peculiar relevance with regard to both the ever growing disorder of (national and international) legal sources and the wide and larger uncertainty in the forms to protecting fundamental rights and preserving fundamental goods (§ 5). In particular, after a few remarks on its (failed) achievements (§ 2), two sorts of challenges of the (inter)national constitutionalism will be distinguished: (i) the (earlier) challenges which even before the conclusion of the second world war had marked its beginnings and the slowly progressive assessment of its ultimate principles (§ 3); and (ii) the (new) challenges which at the conclusion of the cold war, in the contest of a new geopolitical disorder, have started to undermining its hardly achieved results as well as the basic values of its legal and political project (§ 4).