Il principio di laicità nei testi costituzionali con riferimento all'ordinamento americano, europeo ed internazionale

The principle of the secular state, declared expressly in the Constitutions or declared by the Constitutional Courts is a widespread reality in the constitutional arrangements that recognize and guarantee human rights, first by virtue of the principle of equality and prohibition of discrimination on grounds of religion and belief and freedom of thought, conscience and religion. Considering the concept of 'constitutional order', as proposed by Barbera, it is possible to identify the legal order core through three elements connected to each other: the constitutional text; other provisions, not even constitutional, which also give form and identity to the entire legal system as the major standards Declarations of rights incorporated in the same system; the goals and the values ??of the forces (political, social and cultural). Therefore, the constitutional order does not identify with the only formal constitutional rules and vice versa constitutional texts do not exhaust the content of the constitutional order (2010, 330-334). In this paper, through the positivist method An analysis of the principle of secularism in the constitutional systems of European and American states that are contracting parties of documents and treaties on human rights. One can not, therefore, does not take account of what has Mortati recognized in the regulatory positivism, namely that: it is not objectionable about Kelsen to assert the need to anchor the positive order to a fixed point, understood as a suitable criterion to identify, to make known the permanence over time, and correlatively the moment of its cessation. (1962, 9), taking into account that "the foundation of, constitutionalism, then, is the idea of ??free an equal persons through law governing Themselves as part of an international community of equally sovereign states" (Kumm, 2016, 711).