Legittimità e legittimazione. La fondazione teorica del diritto globale

In the present work we propose a theory on the defense of the Constitution adapted to the needs of the constitutional order before Global Law. This way, we aim to oppose Global Law to the internal legal order. But, why an opposition? Because global legal (dis)order and internal legal order play their respective parts in opposed levels of interest. The overcoming of the notion of State-legal order, subject of International Law and at the same time the only source of legal orders, seems evident before the reality of Global Law. However, the problem will be the conflict relationship between this Global Law and State Law. This conflict will consist of a normative competition between both orders, directed to the individual subject. Firstly, we propose the construction of a concept of Global Law that could be distinguished from other phenomena within supra-state Law, and as well of the global legislator subject, the corporate citizen. Secondly, we examine the polemic relationship between Global Law and State Law, firstly as enemies, in which the earlier is an aggressor of the later, and in the second place as necessarily symbiotic legal orders. From this theoretical proposal results that this interaction requires a flexible or “plastic” notion both of the Constitution as a rule of Law and of the supranational norms as well, thou these would be more flexible than the earlier. The preferred method for the integration of supranational norms within the constitutional order will be its consistent interpretation with the Constitution. Finally, we conclude that the paper of the guardian of the Constitution before Global Law will fall on the hands of the ordinary Judge, in charge of submitting supranational norms to this kind of control of constitutionality.