La ns. Constitution adopts the principle of separation of powers, as with all modern democracies. It 's a concept postulated back in 1748 by Montesquieu in his L'esprit des lois. " All modern legal systems of the postulate as a guarantee of democracy. It postulates that is a distinction between political power - the executive and legislative - and judicial branches. You should ensure that the "Kratos (power) of the" Demos "(the people). To this end, the people elect their representatives, shall exercise their will and give their own laws. The court instead simply a technician who is chosen for ability and competence and that puts them in the service of popular will and its laws, that of political power, the executive (government) As the legislative (parliament). The system that is apolitical claims the court. The downside of this negates the 'Demos Kratos' is because it puts a political actor is not elected by the Demos because it denies the "Demos" a political act. It goes to court to invalidate the political will and counter attested by the elections. The system, in principle, has worked well in many countries. In principle, even in Italy. By the end of the so-called "First Republic", ie with the murder of Aldo Moro, 9 May 1978, instead beginning an institutional clash again today in full force. In it a strong element was the incremental collapse of Yalta with the fall of the Berlin Wall in 1989. The first outcome of this clash was certainly "Tangentopoli." It is also included in it the mutation of reality Masonic and organized crime in the new scenarios, and then the mutation of the relationship of these with the State. In particular, just the brutal murder of Giovanni Falcone, 23 May 1992, brings two days later, at the election of a magistrate as President of the Republic Oscar Luigi Scalfaro. On November 9, 1997 instead of a magistrates Excellent "Clean Hands", Antonio Di Pietro is elected in the constituency of Mugello with the "olive tree", then build the "Italy of Values" which also adhere eg. De Magistris. It 's true that, to date, there is no party of the judges, but it is also true that what we perceive is that it is as if there were. There is a particularly moralistic Puritans in which echoes loudly "penitentiae act" of the friars of medieval Bogomil memory, with their heroic autofustigazioni bare-chested in the public square in the middle of snowstorm. A morality that is far from the achievements of our company. Constitution, which prohibits discrimination on the right to sexual motivations. And 'how much moralism Bogomil calls recently to all heading, leading to demand that for reasons of a sexual nature is depriving a citizen of civil rights. A purist who brutalizes, rejecting the past and in the burning of his memory.
francesco Latteri Scholten.
francesco Latteri Scholten.
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