Colloquio su (Scienza del) Diritto e Legalità costituzionale. Intervista al Prof. Pietro Perlingieri (Napoli, 27 giugno 2017)

The Interview analyses critically the main points of the “personalistic” concept of the constitutional legal order proposed by prof. Pietro Perlingieri. According to this idea, the work of the jurist consists in an historically conditioned and culturally connoted activity, which is animated by practical and not only theoretical ends. Within this theoretical context, the need for a joint consideration of the various levels of the legal order and the necessarily constituent role of the jurist in the realization of constitutional principles are highlighted. The perspective of “constitutional legality” also implies, from a methodological point of view, the overcoming of the legal positivism, considered to be inadequate to fulfil the function of law in the contemporary society, as this one considers inviolable human rights as its general principles, in a correct and balanced relationship between person, market and institutions.