What's it like to live in a country where the President of the Council declares its intention to close the Parliament? Let us not be reassured by those who say that this proposal "will fall on deaf ears." Not to trivialize it, not a joke occasionally declassified statement so heavy in a costume that has prevailed in recent years and that has led to the degradation of language and politics. The League of aggressive words were a powerful promotional vehicle of the spirits racist. The trickle of declarations of Berlusconi helps to destroy the antibodies that allow a system to remain democratic. Above all, we isolate the last statements of the Prime Minister by now a context characterized by a daily assault on the Constitution.
You are putting your hands on the first part of the Constitution, the one who, in words, he says he wants to keep out of any regard for reform. The law on living wills to the Senate violates the personal freedom and self determination of people. Called into question the freedom of expression and the right of citizens to be informed with the law on wiretapping. It denies the right to health as an essential element of modern citizenship when it is expected that physicians can report an illegal immigrant whose only fault is the demand for care. It is legitimizing the privatization of public security patrols, with a dangerous abdication of the state from one of the features that justify its existence. Proposals are made regarding Internet censorship. Erode the guarantees of privacy for improper reasons of efficiency. It offers a database of DNA with few guarantees for personal freedom.
It is unprecedented that our political system daily live on the margins of constitutional legality, who doubted the constitutionality of all the laws of some weight in the discussion rooms. It alters the well functioning of the institutional system, and moves the entire task of ensuring the proper functioning of the "two keepers," the President of the Republic and the Constitutional Court, which we emphasize the responsibility and the politics. And you forget that it was the political and constitutional culture marks the civilization of a country.
a moment to avert our eyes from our tearful stories, and rivolgiamolo the United States. Barack Obama is not only freeing his country from undue constraints, such as those on the prohibition of public funding for embryonic stem cell research, showing how it is possible and required a forward looking and free from fundamentalist mortgages. In a document addressed to all the leaders of the federal administration, Obama wrote that "exercising my responsibility to decide whether a law is unconstitutional, act with prudence and far, based only on interpretations of the Constitution which are solidly based." Here is evident the imperative to move away from practices detrimental to the rights of the Bush administration, just to replenish the antibodies Democrat whose destruction was undermining the internal cohesion and credibility of the United States.
What distance, which separates us from this abyss of desire restore constitutional compass operating the entire political system, and what follows is sweeping us because we're leaving that compass. Great, then, becomes the responsibility of their culture that engages with the theme of the Constitution, and with the way in which we have to look at it.
reactions, attitudes are different. It is wary of a defense of the Constitution which seems an end in itself, it does not take into account the size of the right policy. It is a concern to correct the condition, however, that the sacred invocation of a political fugitive no longer has those solid foundations, for the reasons just mentioned, are to be found in its constitutional principles. Today more than ever we need a policy of "constitutional".
In the very legitimacy of this policy is doubtful when it shows that it is the first part of the Constitution, the freedoms and rights, is marked by an unacceptable statism, the accentuation of a protective function of the public institutions opens the door to temptation statist. It is singular, or detector, the fact that this just returns when the huge failure of the deregulated economy have raised the urgent request of rules. Noise, for example, the fact that it uses the word "protection" when referring health. And yet in the United States in the field of health, there is a gigantic market failure and the reform of the system is a key part of Obama's program.
We return, then, to repeat that our Constitution should be amended because it does not give adequate space to the market recognition. What should he say, then, to Germany, whose constitution speaks of a property whose 'use must serve the good of society'? The truth is that the discomfort remains strong for the market wants an environment respectful of fundamental rights. In Italy it has come to propose the repeal of Article 41 of the Constitution, which establishes that private economic initiative "can not be held contrary to the public benefit or to harm the safety, freedom, human dignity." State or threshold of civilization?
shoulder to Berlusconi's Parliament is born in times of weak constitutionalism and has as its goal, along with the cancellation of the parliamentary system, the reset of the guarantees, the dismantling of the system of rights.
Stefano Rodota of the Republic from March 12, 2009
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