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STAMPS, pies and INTEGRATION
From Lazio Lombardy errors and failures presentation of the lists are, on the one hand, the usual zealots of the law, all happy to be able to defend especially when it coincides with their own advantage, on the other orphans who accuse the zealots of democracy (and guardians) the legality of neglect as to substantially participate in the electoral lists and candidates that is known not only to have consensus, but where they are, as indicated by the results of previous elections, and majority. The fight would be so law versus democracy.
This representation does not convince us to part, but mostly it is (largely) incomplete: one aspect of the problem, and certainly important, but (perhaps) not the main one.
Firstly these errors, due to mechanisms are unclear, they are (also) the result of complications with the regulations on the submission of lists, gradually introduced in legislation in recent decades: in the early '70s I helped an old party leader to gather signatures for the submission of the list in municipal elections (for the City of Rome can not remember if I needed 250 or 500), a few weeks ago I learned that presenting the regional list in the Lazio (all provinces) needed beyond 6000. That is if you are not represented in the council: but if it is not obliged to collect them.
The sense of this and other rules is similar to the elected assemblies (Parliament down) parts of the organs monitored and slowed. They have the same function, only more hypocritical, and the abolition of the clauses of the barrier preferences, change the order of the list: to make the elected assemblies of the club members only.: that is in my sloppy English translation / adaptation of the Latin status quo. We are not, however, the abolition of democracy, if only because the progressive nature of the plebiscite choice of government - with that in a majority of electoral laws - ensure that at least one decision still belongs to the electorate (although it hurts a lot the powers that be): the fact is that today the citizen who votes more than the government chooses, that the composition of elected assemblies. In contrast to what happened in the first republic, where the government (national and local) was chosen by the elected assemblies. However, these were largely adopted (and selected) by the electorate.
this arrangement is satisfactory choices than the "ideal type" of democracy, but even more to the relationship between rulers and ruled? To me it seems, one of the most important factors to the structure of political institutions is one of integration, as particularly stressed by Smend and Duverger.
Rudolf Smend distinguish the different forms of integration in the material, functional and personnel in every community and all political use. In particular, organs and institutions of political democracy, achieved through a substantial popular participation in decisions and implement decisions that circuit for participation, action and selection of top and base that makes it "alive" a democratic regime. Every political group, however - whatever the form of state and government - necessarily creates, through the union of the will of the components, integration.
As he wrote in the German jurist "In addition to people as opposed to the content and supplementary material, the second formal moment in the life of every kind of human community is represented by functions or additional procedures, forms of life ... you collettivizzanti processes is always the meaning of which is a synthesis of social and aim to make any common spiritual content or to strengthen the experience of the community in it, with the dual effect of intensifying the life of the community is that of one. "
And in modern constitutionalism is above all the Parliament (and other elected assemblies) that played the role of functional integration, whose value is that "it does not matter for Parliament to decide, and act in particular, but rather it is important that the dialectic leads to the formation of parliamentary groups, the association, the formation of a particular political position within the overall parliament and the people ... "So it is very problematic, where the electoral rules make it possible to exclude the significant components elections, even as the majority as PDL, can be formed through the assembly elected a" total political attitude "(easier it forms a part). And this in particular for the integration of minorities "forms of state involving the constitutionality of integrated control have the advantage of easier to prevent a permanent minority position of certain parts of the people. They, in the constitutions of static and constant representation of certain objective values \u200b\u200bthey refused, they can be Standing in a minority position and that of permanent alienation, while the ever-renewed struggle for power, for example. State parliamentary attracts with the opportunity to participate in the future to power and, through this struggle for participation, and actively involved ever again in public life. "
This aspect of the problem is entirely neglected in the recent electoral law, which thus appears to have no additional effect but disintegrated.
On the one hand the election to exclude the order of list selection by the voters of individual members: the innovation (the result) was smuggled to his time (also) as a moralization of political life. Of moral excess has not really seen you around, while the parliament and other elected assemblies - have become a very large majority of the sets of co-opted is visible to everyone. Even more worrying
another innovation: the terms of the barrier. To justify which used two magic words: bipartisanship and governance. But as for the first nobody could explain why one is better or more democratic two-party system rather than a multi-party system. If it is stated that the first government provides more stability, it is said was not true, because to observe political systems if they are very articulate as those of Germany in Spain, and until recently France (later moved to a substantial bipartisan) characterized by enviable stability: Obviously in those systems to ensure it was not the (small) number of parties, but other factors, sociological and Legal.
regard to governance, this does not depend on the number of parties in Parliament, but by choice or by the direct nature of the government (through the presidential or premier) and / or character of most of the electoral law. It is reducing the number of parties to promote, as the possibility (encouraged) to elect a stable majority. So the (relative) stability gained by the governments of the second Republic is (mostly) due to the majoritarian electoral laws and the reduction in the number of parties, because even in the penultimate term and the previous parliaments had increased as compared to the "First Republic". This
own, and it is clear that bureaucratic obstacles - even when he stumbled upon the PDL - terms of the barrier, blocked lists, they are all gimmicks designed to promote, reduce and eliminate the possible replacement - interior (preferences) and outside ( other parties) - the political class and, consequently, to a large extent, the ruling class, must be determined whether this constitutes a positive result.
Se c’è un dato su cui concordavano molti tra i più grandi teorici politici e giuristi tra XIX e XX secolo (da Hauriou a Pareto; da Renan a Smend, tra i tanti) è che l’istituzione (la comunità politica, la società) non è una somma di norme, regole, precetti, ma un insieme vivente; e non è statica (celebre, anche se poco nota in Italia, la critica di Hauriou a Kelsen e Duguit) ma un insieme in movimento. Scriveva il grande giurista francese che l’ordine sociale è “un sistema animato d’un movimento lento ed uniforme… la materia degli organismi è rinnovata… mentre le forme restano relativamente stabili… i sistemi sociali behave like living organisms ... You will then see the bodies last for centuries, despite their human material and most social situations ... it will be changed. " If, however - it follows - the renewal is slowed or blocked, instead of measuring the duration of centuries, is shortened to a few decades or years. Which usually follows a period of acute political crisis and / or social institutions to adapt to a changing and situations, and to encourage the exchange and access of excluded elites. So, to think in realistic terms, the duration, ie the first criterion for success of the institution, is safeguarded by its ability to integrate gradually and without violent struggles of the new emerges from the social group: that is not to impede the circulation of elites.
is the case for any political regime, but it is obviously more acute in democracies, where the functional integration has a higher role than in other forms of state.
And therefore better, as far as possible, give up stamps, stamps and other bureaucratic obstacles: political regimes are governed by consensus, integration and legitimacy, despite what the zealots think of legality. Ask a stamp to produce integration is like trying to squeeze water from a stone.
Teodoro Klitsche de la Grange
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