Constitutionalism and Crisis of the Nation-State

This article analyzes the notions of constitutionalism and globalization to verify the hold of the theoretical foundations of constitutionalism in the global space. The study enables the Author to transcend the traditional idea of constitution (defined as «holistic») and to identify «islands of legality» and «fragments of constitution» in the global legal space. In this context, the introduction of appropriate measures to protect fundamental rights becomes crucial. For these reasons, the Author argues that international agreements and — above all — the abandon of the legitimation of power through authority, in favour of legitimation through values, are now necessary.