ABSTRACT
The contingent and continuously evolving nature of fundamental rights primarily confirms the validity of approaching them through legal, social and human sciences. Such an approach should be reinforced by criticism of the 'pure' notion of law. A useful contribution to legal theory comes from legal positivism critics, who comprehend law as a "historical-cultural experience" and, also from 'neo-constitutionalist' critics who, in objecting to positivism, apply a deep, critical revision of the rupture, caused by positivism itself, between law and morality. Cross-cultural constitutionalism specifically appears as a hermeneutic category of cultural and institutional pluralism, which inevitably manifests itself as the conflictual profile of social dynamics. Cross-cultural constitutionalism integrates the liberal multicultural perspective, which is strongly anchored in individual rights, and democratic multiculturalism, which instead values cultural and social differences within a united political-institutional organization and constitutional framework, beginning with its principles.
