The paper describes the growing role of lawyers in the field of human and fundamental rights, specifically in the European Multilevel System. Firstly, the paper proposes a conceptualization of the lawyers’ power as political power, also underlying the s.c. “social function” aimed at guaranteeing human rights and empowering the rule of law. Then a more general reflection on the related Trial nature of rights will be developed, specifically taking in consideration Francesco Viola’s approach to human rights as social practice. Consequently, the bottom-up trajectory of human and fundamental rights will be better defined, pointing out the strategic role of litigation and lawyers in the human rights enforcement mechanisms.
Potere avvocatile e processualità dei diritti
Attilio Pisanò
2020-01-01
Abstract
The paper describes the growing role of lawyers in the field of human and fundamental rights, specifically in the European Multilevel System. Firstly, the paper proposes a conceptualization of the lawyers’ power as political power, also underlying the s.c. “social function” aimed at guaranteeing human rights and empowering the rule of law. Then a more general reflection on the related Trial nature of rights will be developed, specifically taking in consideration Francesco Viola’s approach to human rights as social practice. Consequently, the bottom-up trajectory of human and fundamental rights will be better defined, pointing out the strategic role of litigation and lawyers in the human rights enforcement mechanisms.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
