Il fascino discreto della sovranità?

In the perspective of an ongoing confrontation with Danilo Zolo’s view, this paper focuses on two main factors increasingly affecting the crisis of the State and its sovereignty since the second half of the last century: the (dis)ordered development of the (inter)national fundamental rights law, on the one side and, on the other, the always more pervasive diffusion of the lex mercatoria in its different forms. Rarely considered in the symmetrical opposition that connotes their impact on today’s sovereignty crisis, the two factors together show that the main point is not whether to support sovereignty once again but rather how to choose between two alternative and irreconcilable systems of values: that of the neoliber(al)ism with its straight defense of economic profit and partisan interests, or that of the constitutionalism of the second half of last century based on solidarity and the protection of dignity, fundamental rights and commons.