È (im)possibile la repubblica dei beni comuni? Da Kouroukanfouga alle autogestioni locali e ritorno = Is it (im)possible the Republic of Commons? From Kouroukanfouga to local self-government and return

Abstract

Is it (im)possible the Republic of Commons? From Kouroukanfouga to local self-government and return. The article discusses the issue of the Commons government. After analyzing the divergence of perspectives between Private Law and Constitutional Law Scholars, the author focuses on the transition of constitutionalism from the “biochemistry Era” to the “fossil Era” in order to investigate the consequences of this evolution in local democracy experiences. Only in this perspective, it is possible to identify differences and limitations of both theories (like those proposed by Ostrom and Wilson) and of the historical experiences (from the Kouroukanfouga Charter to the Constitution of Ecuador) of the Commons government.