Constitutional Dimensions Of Security and Protection of Fundamental Rights

This chapter aims to analyse the role of security within the constitutional framework, with specific reference to fundamental rights. Indeed, with regard to these rights, security can fulfil a variety of functions, limiting and conditioning their exercise. In order to address this issue, a twofold perspective will be adopted. Firstly, the concept of security will be examined from a historical-theoretical point of view in line with the transformations of the forms of the state and in the light of the provisions contained in some classical constitutional charters and international declarations of rights. Subsequently, an emphasis will be placed on the Italian constitutional experience. This experience is not well-known on the international scene, primarily due to the paucity of publications in English, yet it offers interesting insights into the subject. The objective of this study is to delineate with greater precision the role of security in this context, which emerges as a good of constitutional relevance and in relation to fundamental rights as well as the functions and powers of the state. In conclusion, the chapter will demonstrate how a constitutionally oriented perspective can help to find an adequate balance between the different dimensions of security within the legal system.