The equitable Dimension of Constitutional Legality

The principle of personalism – the protection of the inviolable rights of the person – has led to a fundamental change in the theory of interpretation. The concept of individual, characterised by his or her originality and uniqueness, re- quires equality in diversity. As a consequence, ‘the individuals and their specific cases’ acquire a significant normative importance. Indeed, basic human dignity and identity underlie the details of any given case. Consequently, the equitable dimension of the constitutional legality gains relevance. Providing a sense of the whole and of its parts, constitutional legality sees each situation as an exception in some way, and this is essential for protecting the person as each case is as di- verse as the people involved.