Global constitutionalism defends the existence of fundamental constitutional principles that can and should be applied at the global level, such as human rights, the rule of law, the separation of powers, transparency and accountability, and is committed to the creation and strengthening of global institutions that promote constitutional values and ensure compliance with specific norms at the global level.

The ideal of a universal human community living in perpetual peace and happiness was for centuries the dream of many philosophers, theologians, jurists, and poets. The cosmopolitan vision of the Stoics, the Roman aspiration to an endless empire, the Christian ideal of a world united by charity, the Dantesque longing for a universal monarchy and the project The Kantian Gospel of World Peace, among other ideas, have contributed throughout history to increasing the feeling that all human beings form a single universal community, which integrates and transcends all peoples and nations.

From the finding of the New World, at the end of the fifteenth century, both jurists and theologians, including the famous School of Salamanca, have been interested in the legal and moral implications of the possible development of that world community. The collapse of international society after the tragic elimination of almost sixty million people during World War II revealed the weaknesses of the international legal order born in the Peace of Westphalia and confirmed in the Treaty of Utrecht. That order was based on the concept of the sovereign nation-state as the only recognized subject of international law, and on the idea of war as the only recognized subject of international law. resource to resolve conflicts, once diplomatic efforts have been exhausted.

The Universal Declaration of Human Rights was a turning point that gave relevance to the goal to establish a community forged not only by its own national interest, but in a true spirit of brotherhood. Pope Francis recently referred to it in his excellent encyclical 'Fratelli Tutii'. In this twenty-first century, with the rapid increase in the process of global interdependence that we call globalization, the old utopian ideals of human unity and perpetual peace had become political imperatives. In today's globalized world, no existing political community, at the local, national or supranational level, can be considered fully self-sufficient or fully guarantee justice. There is a basic scope of justice in its broadest sense that can only be achieved from a global context. And without justice, there can be no peace, no freedom, no happiness.

The goal A common contemporary approach to comprehensively address the problems afflicting humanity is not just an option, but a moral and political duty with important legal implications. The diary 2030 is a good example, even if it has been partially poisoned to satisfy spurious interests. Global problems such as wars, international terrorism, arms trafficking, hunger and poverty, global political and economic corruption, and environmental challenges cannot be adequately addressed by solitary national governments or by an amorphous community of states in which self-interest prevails over the global common good.

In its complexity, the international community today resembles a hydra, the multi-headed serpent of Greek mythology, with a sovereign state for its head. Its structure and administration have become completely obsolete, despite the impressive transformation of international law over the past two decades and the important role being played by the UN and global institutions, as well as certain Structures intermediate supranational institutions such as the European Union.

It is not surprising, therefore, that in recent years a current called global constitutionalism has emerged with force, called to play a decisive role in the configuration of the new world order. Global constitutionalism has grasped the need to apply constitutional principles, values, norms, procedures and mechanisms to world governance that until now were only applied in state legal systems. The term denotes a way of thinking about world governance that requires a deeper understanding of the fundamentals of international law and the global legal order by applying the language of the Constitutional Law. In fact, international law is moving, at least in some areas, from a paradigm based on state sovereignty and consensualism to a new one based on progressive constitutionalization.

Global constitutionalism defends the existence of fundamental constitutional principles that can and should be applied at the global level, such as human rights, the rule of law, the separation of powers, transparency and accountability, and is committed to the creation and strengthening of global institutions that promote constitutional values and ensure compliance with specific norms at the global level. Global constitutionalism emphasizes cooperation, solidarity, and shared responsibility among states and international institutions to protect global public goods and address global challenges such as armed conflict, climate change, poverty, or migration flows. The prestigious journal 'Global Constitutionalism' acts, among others, as a channel for the transmission of these new ideas.

Like the constitutional principles and values of the old Roman Law illuminated European and North American constitutionalism in some respects, so too is Roman constitutional history having a practical impact on the overall constitutionalist experience. Already entrance because the Roman Law, being prior to the birth of the nation-state in the Modern Age, constitutes a good antidote to any subject of extreme constitutionalism that seeks to extend, without a necessary refinement, the language and modes of national constitutionalism to apply them to the global community. The construction of a world state would be, in the words of Hannah Arendt, "not only a threatening nightmare of tyranny, but the very end of political life as we understand it".

Moreover, the Roman Law is a profitable source of inspiration for the emerging global constitutionalism for its cosmopolitan spirit, for having developed a constitutional system without a written constitution, for its respect for tradition, or for having legally developed the principles of necessity and utility. But the most important link between the Roman Law and global constitutionalism is that the Roman Law It is an excellent antidote to the excess of statist, positivist and sovereigntist elements in the elaboration and development of the development of global constitutionalism. Once again, we must return to the past in order to build the future solidly.