Beyond the constituted. The commons as a legal-constitutional hypothesis

In the task of going beyond the instituted/constituted, the debate and practices on the commons are coming to the fore. The starting point, especially as far as constitutional reflection is concerned, is to be found in the contrasting insufficiency of the discourse of rights in the face of the capacity for private (and public) monopolisation of collective resources and services. In the face of this, the present text attempts to show the constitutional dimension of the debate on the commons, through its link with public-state institutionality and its capacity to disestablish/constitute. On this basis, elements are proposed for thinking about a Law for the Common and a communalisation of Law.