Among contemporary forms of constitutionalism, Luigi Ferrajoli’s Garantismo may be considered as the rather unfashionable attempt to build up a comprehensive and multi-layered theory, which still takes seriously the positivist heritage. This paper offers, in brief outline, a synthetic view of the social setting, the philosophical background, and the basic features of this conception of constitutionalism, when compared with legal positivism and other mainstream forms of (neo)constitutionalism.

Scholars have argued that transnational networks of right-wing economists and activists caused the worldwide embrace of neoliberalism. Using the case of an Italian think tank, CESES, associated with these networks, the author shows that the origins of neoliberalism were not in hegemony but in liminality. At CESES, the Italian and American right sought to convert Italians to free market values by showing them how Soviet socialism worked. However, CESES was created in liminal spaces that opened up within and between Soviet (...) socialism and Western capitalism after the death of Joseph Stalin in 1953. Scholars from East and West at CESES developed new knowledge about actually existing socialism, which, due to the shifting context of the Cold War, seemed to provoke left-wing sympathies among the scholars and the students involved. CESES in fact required left-wing scholars, who had necessary skills and a fascination with a common project of democratic or market socialism, to create this new knowledge. The new knowledge that developed out of an East–West dialogue not only helped right-wing transnational networks to reorient their hegemonic projects, but also helped those on the left to understand actually existing socialism and what socialism might become. This knowledge could not be obtained without this dialogue and had to travel through liminal spaces. (shrink)