Il posto del diritto nel ‘costituzionalismo trasformatore’. Una risposta a Stefano Civitarese Matteucci

The article by Stefano Civitarese Matteucci dedicated to my book Beyond the hierarchies. In defense of social constitutionalism raises challenging questions, which call for a reflection on the role of law and legal scholars. In this answer, I maintain that the lack of implementation does not affect the binding nature of ‘transformative constitutions’. I also claim that, within the framework of ‘transformative constitutionalism’, activism is part of the scope of constitutional legal scholarship. As members of a ‘community of practice’, constitutional legal scholars are required to contribute to the implementation of the transformative constitutional principles, orienting to this purpose their research subjects, methodology and dissemination. © 2023, Tipolito Subalpina. All rights reserved.