From legal certainty to legal resilience? New paradigms of legal transition in contemporary risk society

Social acceleration significantly impacted on law in terms of social needs and demand of new regulation. In particular, it plays a double interaction in the realm of constitutional law: it affects, on the one hand, the traditional concepts of legal certainty and legality since it demands new attitudes about the nature and sources of law. On the other, it requires to come to terms with the evolving temporality of lawmaking which has become a new topic in constitutional law i. e. a modern form of normativity to be defined and regulated. We are witnessing indeed the spread of legal theories (the “flexible droit” à la Carbonnier or the “democratic experimentalism” à la Sabel&Simon) aimed to design a different institutional framework capable of dealing with the requirements of a high-speed and risk society.
Are these new paradigms in full compliance with the rule of law meant as a constitutional principle?
The paper tackles the question.