Subject Montesquieu and his "L'esprit des Lois", subject also its reception by the ns Constitution, except then the independence of the judiciary, however, should be made clear that it is a position of judges, above and beyond the law. Why independence there must be, like no depth to the magistrate, as well as the judiciary, the powers to third parties, including much of the judiciary as an apolitical judiciary and the Constitutional Court. The lack of this fact creates a short circuit of the system itself: the "Directory" of the courts of Robespierre and Saint Just painful memories, the times and the darkest dark of the "Revolution." In order to guarantee the fairness of the system, which already aspired Montesquieu, is also required separation, starting career, including investigating magistrate, which is entitled to the investigation, and judge, which is responsible for conducting a fair trial and therefore devoid by Guest or injuries that may be acquired in the previous phase. In particular, after "clean hands" (and were not clean, because dirty shit and blood) is not only right but the duty to "reasonable suspicion" because as Cusani was already noted, he had noticed that intreresseva, rather than the 'acquisition and stripped of certain mechanisms in toto, to arrive at certain things and that's it. But this is no longer justice. And the much-celebrated "clean hands" with its "notice of" exhibited as evidence of guilt (and often used for political purposes, as in the case of Berlusconi in 1994), with its preventive detention, with his suicide and excellent (and not in jail), "Justice" certainly was not and "apolitical" less than ever. E 'was instead a well-orchestrated action policy pursued by the judiciary. The end of (successful): beheaded an entire political class, but this subversion is beautiful and good. And 'failed politically because in the meantime, however, another policy had elected leaders who was not that of the courts and therefore has also been attacked. This is extremely serious and inadmissible. Precisely for this reason it is also necessary that the magistrate as an individual, such as the judiciary as such, are required to respond to the law and accountable, to assume their responsibilities. In a word also be subject to the law and not above it. Points are guaranteed by all democracies, and which is listed below and ordered from Europe. These are points that our legal system, unfortunately, has no factual grounds are bound, as well as for much of the code, by the "Rocco" and other regulations of the former fascist state law ever put into decay or annulment of legislation. In other words, it is fascist rules, created by the fascist state that you do not understand how it can be left to the right not to want to overcome to adapt not only to European positions, but also to a more authentic reality of fairness to all as was the times of "L'esprit des Lois" it was expected. It is not clear why a left remains anchored, as the issue of sexuality radically right-wing positions and that the old Left, both European and Italian too, has always opposed and fought.
francesco Latteri Scholten (07/03/2011).
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