The bankruptcy of the constitutional subject. Parity democracy and “careful” citizenship

Abstract

The crisis caused by the coronavirus pandemic, and especially its social and economic consequences, in addition to those already suffered by the 2008 financial crisis, warn us of the need to revise some of the paradigms of the constitutional State. Specifically, this paper raises the need to overcome a subject-of-rights model based on the male reference and the public (male)/ private (female) division. Unlike the liberal model, the starting point should be the vulnerability of the human being and its inevitable indepedence, as well as the relational character of autonomy. These budgets would in turn lead us to overcome the liberal theory of rights and the concept of citizenship linked to it.