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The crisis caused by the coronavirus pandemic, and especially its social and economic consequences, in addition to those already suffered by the 2008 financial crisis, warn us of the need to revise some of the paradigms of the constitutional State. Specifically, this paper raises the need to overcome a subject-of-rights model based on the male reference and the public (male)/ private (female) division. Unlike the liberal model, the starting point should be the vulnerability of the human being and its inevitable indepedence, as well as the relational character of autonomy. These budgets would in turn lead us to overcome the liberal theory of rights and the concept of citizenship linked to it. [ABSTRACT FROM AUTHOR]

The legal and constitutional systems should move forward in guaranteeing the right to free development of affectivity and sexuality, beyond its strict protection through the prohibition of discrimination. This involves recognizing a generic «right to identity», closely connected with the dignity and the free development of per-sonality. Both dimensions of the individual, emotions and sexuality, have obvious public projections that demand protection beyond the privacy. This affects the depth on the principle of equality and the review of a symbolic order that for centuries has refused diversity [ABSTRACT FROM AUTHOR]

The reform of art. 135 CE, made urgently in order to ensure fiscal stability and to promote economic and social sustainability of the country has shown the gradual erosion of some of the traditional paradigms of constitutionalism. In particular, the content analysis of the new Article 135 and of the procedure reveals the tension generated between the European project transfer of sovereignty and democratic legitimacy. This parallel to the reflection on the urgent need to undertake serious reform of a constitutional text that, despite sustained mutations requires an urgent adaptation to a social and political context radically different from that shone over 30 years. [ABSTRACT FROM AUTHOR]

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