Constitution and Tradition

As an apparent effect of legal positivism, tradition has progressively lost importance and by now carries out a marginal role in interpretative processes. In reality tradition as the “settledness of the past” nourishes the Constitution of every country, guaranteeing the existence of a shared memory and justifying the origins of social ties. This essay examines the extent to which this role of tradition can continue to survive in a multicultural society. It also examines the differences in the answers to this problem, in both the common law and civil law systems