State

Of Luciano Del Vecchio

Source: Appeal to the People
For about a quarter of a century, a massive and progressive occupation of power by supranational private potentates has been modifying and distorting the legal nature of the modern state, which seems to revert from a state of law to a balance sheet. Globalization has taken hold and digital technology has developed, the rule of law, which is based on legislative activity, the division of powers and on the prevalence of a Constitution, has progressively lost ground. On the one hand, the constitutional changes were inspired by the principle of the minimal state of liberal ideology, on the other the constitutional norms, escaped the distortion and liberal tampering, are not concretely applied by quisling because they are postponed, in the source hierarchy, to the rules of the European treaties. Our Constitutional Court, interpreting the art too broadly. 11 Cost., it established the superiority of treaties over domestic law: ruling that the courts of other countries, Germany in the lead, they were careful not to adopt. He moved in parallel with the judges a political class That, educated by history and home tradition to transformism, he felt no scruples of dignity and coherence in crossing all sides from one pole to the other, to finally recognize oneself as uniformed and flattened everything on liberal ideology: This group was and still is the most suitable to transpose and slavishly apply the tables of the law, not just the orders of the European Commission, but also simple agreements dictated by international trade or financial organizations. Magistrates, politicians, academics, intellectuals, commentators and TV commentators, a whole army of attendants to hand over power into private hands, they were raised and "fed" in the climate of political revolution, economic and technological that, since the end of the 80s of the last century, it destroyed the old cultural and legal categories of public law. Today an economic and financial oligarchy, intentionally stateless or cosmopolitan, which becomes law with the power of money and technology, it replaced the rule of law, invalidating the ancient definitions of legal science e, with a new modality in history, exercises real power detached from the idea of ​​the State, indifferent to the territory, foreign or hostile to the people. Handing over the structure of state power into private hands involves not so much the elimination of the State as the last and only institution to defend the community of citizens and the general interest, as much as its metamorphosis: the rule of law historically and politically relegates itself to a patrimonial state of absolutist memory.
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