Limits on the guaranteeing universalism of the constitution of the earth? A modest critical note

Authors

  • Javier de Lucas Catedrático de Filosofía del Derecho. Universitat de València

DOI:

https://doi.org/10.36151/TD.2024.097

Keywords:

Legal universalism, global constitutionalism, right to immigrate, right to asylum

Abstract

 

After pointing out the main positive features of the doctrinal and normative proposal formulated by Ferrajoli in his essay, the author highlights his coincidence in criticizing the legal instruments of migratory policies such as those put into practice by most EU governments, for their inconsistency with basic elements of international human rights law. Since this observation, the author criticizes the formulation of the right to mobility in the normative project of the Constitution of the earth because, in his opinion, it does not sufficiently guarantee the basic rights of immigrants and refugees.

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Published

2024-07-03

How to Cite

de Lucas, J. . (2024). Limits on the guaranteeing universalism of the constitution of the earth? A modest critical note. Teoría & Derecho. Revista De Pensamiento jurídico, (36), 92–103. https://doi.org/10.36151/TD.2024.097