THE ROOTS OF THE “CONSTITUTIONS WITH CONSTITUTIONALISM”: THE RESISTANCE TO NAZI-FASCISM AND THE CONSTRUCTION OF THE EUROPEAN CONSTITUTIONS (*)

Abstract

The article highlights the difference between “Constitutions with constitutionalism”, “constitutionalism without Constitution” and “Constitutions without constitutionalism”. Analyzing the letters of those sentenced to death of the European Resistance, emphasizes the strict relationship between pluralism, legal culture, values of justice and freedom, but also of duty, homeland and internationalism, and constitutional texts of the postwar period in the Old Continent. In conclusion, he points out that where there is no continuity solution between popular values and the written Constitution, it can work well, on the contrary, where the Constitution is imposed and there are fractures between cultural and normative formants, rejection crises are frequent.