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Klitsche Teodoro de la Grange, "Still on the stamps, pies and integration. Additional Notes. "

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Still on
STAMPS, pies and INTEGRATION
Additional Notes

The developments of 'affaire of regional lists with the decree of the Government, the opposition uproar and the position of President of the Republic offer two additional suggestions in the article published this blog last week.

The first is that it can play - repeated by the opposition - the law against democracy, in the case of electoral matters, it has some precedents in the constitution. Why is an irrepressible temptation, when you want to restrict or annihilate a right solemnly proclaimed in the abstract, while minimizing (or nothing) to engage in concrete.

among which as in the constitutions of the states of real socialism, the right to vote was guaranteed (to talk) as much as in liberal democracies, but in fact nullified by the possibility to submit nominations only to certain groups.

Take the Soviet constitution (last, the so-called Brezhnev) of 1977 it is recorded

"The elections of deputies shall be universal suffrage for all citizens of the USSR who have reached the age of 18 are entitled to elect and to be elected, except for insanity recognized as such in accordance with the procedure established by law "(Article 96 - since you made a generous use of internment in a mental hospital, this rule concerns generated based ...) and soon after
" Art 97. - The election of the members are equal suffrage: each voter has one vote and all voters participate in elections on an equal condizioni.
Art. 98. – Le elezioni dei deputati sono a suffragio diretto: i deputati di tutti i Soviet dei deputati popolari sono eletti direttamente dai cittadini.
Art. 99. – L’elezione dei deputati avviene a scrutinio segreto: il controllo sull’espressione di volontà degli elettori non è consentito”.

Dopo tali ineccepibili dichiarazioni l’art. 100 disponeva “Il diritto di presentare candidati a deputati appartiene all’organizzazione del Partito comunista dell’Unione Sovietica, ai sindacati, all’Unione Comunista Leninista della Gioventù dell’URSS, alle organizzazioni cooperative e ad altre organizzazioni sociali, ai collettivi di lavoro, nonché the assemblies of the military department by department. " The result was obvious: they all had the right to "elect and be elected" (ie the vote and to stand), but in fact that person could be exercised only by those presented by the party (and "joints" of the same).

and proclamations, more or less similar in both the solemnity of utterance that in the reality and effectiveness of the restrictions can be found in the laws of the deceased socialist states, sometimes (and partially) in the constitution, for the most part in the electoral legislation. Hence the rule that it could be inferred from the wording dell'orwelliano was that "all are equal, but some are more equal than others ", you could specify" everyone has the right to vote, but only someone to be elected. "

Since nowadays most have the objective of building communism, there has been replaced to ensure "respect the rules", but as the other, to be used in the function of reducing or eliminating the free expression of popular will and the consequent formation of that state. That is, you play the "legality" against democracy, which is primarily the shape of the state with the will of the electorate (ie the pouvoir majoritaire, so called by Hauriou).

And here takes over the role of President of the Republic.

The political sensitivity of the Head of State has been warned that it is not practicable, in accordance to "respect the rules," even though - in part - based not always ensure the free exercise of the right to vote and with it the democratic character (the choice between several possible alternatives) of the election.

Stamps, stamps and anything else needed to ensure a correct expression of popular will, but can not replace the essential fact of the plurality of parties contesting the elections and not to penalize anyone, particularly not to the most votes. Otherwise the entire system of the Republic, whose fundamental principle is democratic, it should be to hell. Ben

are stamps, stamps and other formalities: they do not alter the essential fact of the most popular choice among alternatives, with respect to which - essential - they are accessory and "servant."

Returning to the 'constitutional archeology "of the constitutions of the Iron Curtain, plebiscites were more democratic than those of gray officials appointed by the Communist parties and their ancillary organizations, in accordance with the" socialist legality ", or the vibrant democracy with free elections in the thousands of candidates and, occasionally, but not much, some fraud?

President Napolitano then gave an example, by Order "save list" in the right proportion of things: the democratic choice is essential, must accompany the formal correctness, but not replace.

And at the same time reminded the zealots of the law, the partisans of anti-(ie contrary to the policies of others), that there are no substitutes for policy, let alone the rule of law, that to be effective and viable should be based on assumptions and political categories: integration of the legitimacy, the consent form to prinzipien politisher. The data that

the pompous (and often boring) pistolotti on the legality of his predecessors, not cheap. Thank you, President.

Klitsche Teodoro de la Grange