L’IRRAGIONEVOLEZZA DELLA DEMOCRAZIA DISEGUALE .
La nota attraverso cui il Presidente Napolitano ha espresso le proprie riserve circa la “ragionevolezza” del disegno di legge di revisione costituzionale che prevede la sospensione dei processi in atto nei confronti del Capo dello Stato e del Presidente del Consiglio costituisce la migliore conferma della fondatezza dei dubbi manifestati da alcuni eminenti studiosi del diritto costituzionale in ordine al tentativo di introdurre nella Carta Fondamentale una versione attenuata dello “scudo” già previsto dal Lodo Alfano, di cui la Consulta pointed out the obvious unconstitutionality by the well-known case of No 262, 2009.
Even if, here, fly over on the many critical issues that characterize profiles of the bill at the time referred to the Senate (the President of the Republic does not need to guarantee a greater extent than already provided for in art. 90 Charter, the President of the Council derives its legitimacy to govern the confidence of the Chambers and not by a direct popular investiture: it is therefore improper to call any need to ensure "the smooth conduct of government functions by the person is the holder of the mandate given by the electorate "; the many tasks connected with the steering and coordination of the executive to require the premier to boycott the hearings, however, have not prevented the continuation, for over four months, the caretaker of a central ministry for the fate of ' economy of the country), the proposed revision of the Constitution at the center of political debate has a gray area where perhaps the legislature has underestimated the scope.
As authoritatively observed the constitutional Alessandro Pace, the laws of constitutional review are meant to update the Charter of Fundamental Rights, to make it sensitive to the progress of society and the transformations maturing in senoad it. To update it, not to upset her. Not to make any amendments to the Constitution can not be reconciled with those fundamental principles that are beyond, inevitably, at every opportunity to review, not to replace the popular sovereignty with the plebiscite, solidarity with the devotion to the princeps, equality with the privilege.
Here, equality and privilege. The approval of the constitutional immunity law by not simply the last link in the endless chain of ad personam laws made by the majority of government over the past fifteen years, the last attempt to offer the premier dall'onta safe conduct that protects the dock. No, it's something else: it is the cornerstone from which it proceeds to create a political system based on the white proxy given directly by the people to the leader, an authority conceived as insensitivity to all forms of limitation and control, the final overcoming of principle under which all citizens must be considered equal before the law regardless of their personal or social conditions. And 'The legitimation of inequality as a fundamental principle of the legal system, the constitutionalization of democracy uneven.
In this design, the President of the Republic could not not grasp the inherent irrationality: the irrationality of a Constitution degraded to a mere instrument for the implementation of quotas needs of each political party, the irrationality of power understood as the sum of privileges and not to be exercised in the interest the community. The deep irrationality that inevitably accompanies any attempt to legitimize an unequal democracy.
Carlo Dore jr.
