I paradigmi dell’emergenza e i loro possibili sviluppi. Spunti per una discussione

This article seeks to schematise the paradigms of emergency that have evolved within constitutional law. To this end, a tripartition is proposed according to a first historical and chronological standard. The second proposed tripartition is by ideal-typical models and follows the historical evolution as carried out by contemporary European and American doctrine (post 11-2001). In the essay, reference is made to the rule of law model or business as usual model, the neo-roman or supra-legal model, and the extra-legal model of emergency response. In the second part of the article, the thesis is put forward that the models inherited from the past were designed to respond to emergencies caused directly by human actors and thus endowed with intentionality. Today, however, pandemic and environmental threats force us to rethink these models, because the character of intentionality is completely lacking. Referring to the theses of the sociologist Ulrich Beck, the conclusion suggests the possibility of exploring what new threats also entail for public law.