Gaetano Azzariti (Source: the manifesto of 03/12/2011)
"In defense of the Constitution" is not a slogan any. Today's demonstration could be a turning point if he can clarify - finally - what is the land on which it is happening in Italy, the most difficult political battle, but also the deeper cultural battle. And from now. The entire last two decades has run marked by the desire to change the "constitutional pact."
In particular, the emergence of Berlusconi and impulse that gives rise to a post-constitutional political cycle.
The "descent into the field," the entrepreneur Berlusconi is explicitly motivated by the classic view of the constitutional system. The -party company that he promotes has no connection with the Constitution. Indeed, the constitution is it a foreign body, an impediment to the immediate realization of political goals to be achieved.
The division of powers, guarantees of the rights, measures to balance between the public, respect for different roles and prerogatives of each individual institution (the Parliament to the judiciary, the Constitutional Court to the President of the Republic), representing the essence of democratic constitutionalism, suddenly become only a hindrance.
is the Constitution that "impossible to govern," which hampers the government of doing. A government that derives its legitimacy solely from the consent of a minority of citizens, passed by a majority of people (if not uniformly for all the people intended) thanks to an electoral distortion accompanied by a misleading propaganda.
Like all populist schemes only what counts is the cry, the ability to bring power to a source of popular origin, not real people, in its divisions and its contrasts, but to his face legendary. Once invested with the power of the "sovereign" has no limits, he - he alone - who will act for the good of the people, to his father. The 'elected' the people (but not elected by the people) certainly can not be judged on how they work, the delegation of political power given to him is absolute, there can be no counter, no law can be invoked before those who embodies the people without any burr in his "total identity". As far removed from the idea that constitutionalism has imposed in modern legal, breaking its medieval belief of the absoluteness of sovereignty. Constitutionalism has imposed the supremacy of the rules on that power today is not the case back to talk about "neo-medieval institution."
But in Italy this long history of decline appeared to form over the new policy, able to answer the obvious crisis of representative democracy. A crisis of representation that policy, which could not - and can not - be denied. For a long thirty years our life has been organized by the Democratic mass parties, which absorbed the entire representation of the people. Qualified in this role by a clear constitutional provision (Article 49), parties history that gave birth to the republic and innervated - for better and certainly worse - the Italian constitutional democracy were all well aware that their power, and that of many leaders that have ruled the government had an essential basis of legitimacy in the Constitution. The political confrontation could be turned on and irreconcilable divisions, but the board of constitutional values, the emancipatory project in which it was written, were not explicitly challenged by anyone. The ideologies of the twentieth century divided, but united constitution. Set yourself above the law would not be conceivable, it meant undermining the Constitution. Fidelity to the Constitution could not be discussed under penalty of exclusion from political representation of the circuit. Then it is no longer the case.
If you want to examine the underlying reasons that led the various political forces (some more than others) to abandon the strategy of constitutional legitimacy, we can not stop to see the crisis of mass political parties. There is no necessary link between a certain kind of party and the constitution. This goes far beyond the specific forms organization that takes on the free political debate in individual countries and in different historical contexts. In the United States - for example - with a European mass parties have never existed and the personalization of power is included in the democratic culture of the people, but respect for the Founding Fathers and the higher law has never ceased to ask unquestioned as the foundation of all power, even the president. In Europe, you do not see any political system, although in crisis, questioning the legitimacy of lex superior, and indeed the "constitutional patriotism" is indicated as the way forward to overcome the difficulties of balancing political and social divisions that the economic recession makes piercing. In
Italy seems the populist regime in a phase agony, but try the last assault on the supreme law, planning un'epocale constitutional reform of justice. The square of 12 March given the immense task of collecting the fallen flag of the constitution to dismiss the past, where he arrived, the medieval knight who governs us.
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