THE LEGAL INTERPRETATION OF FUNDAMENTAL RIGHTS BETWEEN EPISTEMOLOGICAL HOLISM AND QUANTUM MECHANICS

Abstract

The main goal of this article is to try to deepen some epistemological implications of the metamorphoses that affected the interpretative processes within the framework of the contemporary constitutional State, in order to critically analyse, in an interdisciplinary perspective, the philosophical foundations of the constitutional’s rights balancing activity. More specifically, the heuristic hypothesis underlying the research is that, starting from a study of some basic assumptions of quantum physics (and, in particular, of a specific development in “relational” terms of quantum mechanics), some suggestions can be derived in the direction of strengthening a picture of judicial interpretation in terms of non-uniqueness and non-objectivity. Moreover, this research instrument could offer good reasons to read in probabilistic terms the concretization of the constitutional provisions enshrining fundamental rights, starting from the basic principle of that it is practically impossible to extend the verification of such provisions’ content to all of its legal consequences.