Through the prism of the right to housing: first notes for a critical constitutional analysis

ABSTRACT

The essay investigates the constitutional dimension of the right to housing, through the study of its foundation in the Constitution and the constitutional jurisprudence. The perspective adopted is broad and approaches the fundamental right from different angles general recognition, relationships between property and social function, house rents and blocking of evictions in the Covid-19 era, State-Region competences in the management of policies for the right to housing, access to public housing. The thesis put forward is that it is necessary to adopt an institutionalist theory of fundamental rights to guarantee the effectiveness of the right to housing, which involves a contextualized reading of the constitutional system and is not limited to the individualistic dimension of the right. In fact, this approach involves, on one hand, the political-legal need to regulate urban conflict and, on the other hand, the constitutional need for the intervention of public powers in economy, in order to rebalance the socio-economic disparities that arise and are perpetuated in the urban dimension. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.