Recent judgments of the Italian Constitutional Court and the transformation of the joint-stock company Azienda Risorse Idriche Napoli (ARIN, Naples Water Resource Company) into the public concern Acqua Bene Comune Napoli (Naples Water Common Good) are important examples of how social and political movements of the common can be translated into positive law. The Constitutional Court's judgments establish the priority of the results of popular referenda over parliamentary legislation and the validity of certain forms of “constituent illegality,” such as collective occupation, as allowed forms of political struggle. The conversion of ARIN demonstrates that the privatization of common or public resources, a widespread neoliberal practice, can be reversed by the collective action of the multitude.
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Ugo Mattei; Materials for a Subversive Constitutionalism. Genre 1 July 2013; 46 (2): 155–160. doi: https://doi.org/10.1215/00166928-2087989
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