Il territorio per un costituzionalismo oltre l’esistente

Territory emblematises the contradictions, lacunae, ambiguities, and shortcomings of constitutionalism; at the same time, it represents –both as a concrete dimension and as a theoretical construct– a potential site for the development of forms of constitutionalism capable of transcending the current...

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Bibliografske podrobnosti
izdano v:URI:https://journals.openedition.org/tp,
Glavni avtor: Algostino, Alessandra
Format: Article ou chapitre numérique
Jezik:Italien
Izdano: Teoria politica 2026
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Online dostop:Accès Université d'Orléans et IFPM
Opis
Izvleček:Territory emblematises the contradictions, lacunae, ambiguities, and shortcomings of constitutionalism; at the same time, it represents –both as a concrete dimension and as a theoretical construct– a potential site for the development of forms of constitutionalism capable of transcending the current status quo.The fragmentation of territorial space renders tangible the tension between the universality of rights and the sovereignty of States; legal statuses associated with territorial belonging (chief among them, citizenship) often serve as instruments for defining zones of exclusion from the sphere of rights. Borders, while guaranteeing rights and equality within, simultaneously delineate their limits, separating citizens from non-citizens, those who are admitted from those who are excluded.A renewed constitutionalism must engage with the imperative of a truly effective and universal guarantee of fundamental rights, overcoming the constraints of state boundaries through the recognition of the right to migrate, and addressing the need to decolonise a catalogue of rights that, though formally universal, remains embedded in Western paradigms and susceptible to instrumentalisation.In this sense, territory functions as a threshold space, marking the boundary between inclusion and exclusion –not only in a physical sense, but also in legal and symbolic terms– even in the absence of migration. From a socio-political perspective, the territory of the polis, traditionally conceived as the locus of rights protection, may itself become the perimeter of the camp (such as migrant detention centres) or of the prison: tangible expressions of structural inequality or the denial of political participation. This also includes the question of peripheral areas, both geographic and social, within contemporary urban contexts –territories that materialise and reproduce patterns of exclusion and inequality.Territory thus emerges as a field of conflict: on the one hand, commodified and exploited within the logic of neoliberal governance, increasingly marked by inequality and authoritarian tendencies; on the other, as a space of social agency and collective presence, in which the person and their needs are re-centred within a framework of equality and participation. Divergent understandings of territory can give rise to alternative imaginaries and constitutional configurations. The question remains: which forces are capable of sustaining and advancing a form of constitutionalism that stands in opposition to –and moves beyond– the prevailing order?