WORLD WORLDWIDE EUROPE ITALY - news journal UPDATE - (en) Italy, FAI, Umanita Nova #3-25 - Around the carcass: government/judiciary clash and state crisis (ca, de, it, pt, tr)[machine translation]

 "The more the controversy is fueled, the more our determination

increases because it is an electoral mandate that the people have asked
us to implement": these are the exact words pronounced by Minister
Nordio at the inauguration of the judicial year at the Union of Criminal
Chambers, on February 7, referring to the constitutional reform that
introduces the separation of careers in the judiciary. ---- In short,
however limping in form, Minister Nordio, torturer, among others, of
Alfredo Cospito, gives us the image of the institutional clash that pits
the fascist government against the magistrates as a whole.
The clash is a clash of power on multiple levels.
There is first of all a clash between the executive power and the
judicial power. The separation of powers is a characteristic of the
liberal state, and consists in the attribution of each state function
(legislative, administrative and judicial) to separate orders: the
legislative function to Parliament, the administrative function to the
government and the judicial function to the judiciary, each independent
in its own sphere. The clash over the division of careers in the
judiciary is therefore a clash that risks endangering the structure of
the state.

In reality, the separation of powers is such only in a normal situation,
a situation in which all three powers, each in its own sphere,
contribute to the realization of the common good. This too is a
convenient formulation and is identified with the good of the ruling class.

The capitalist mode of production continually upsets the provisional
balances that form within society: the drive towards increasing
accumulation, which translates into a constant drive to increase and
accelerate production, increasingly reduces the share of income destined
for consumption, transforming it into capital ready to be invested.

The function of public finance is to ensure the transformation of
growing masses of money into capital. This mass of money must be the
source of masses of goods and services of equivalent value removed from
the consumption of the working classes and destined to be transformed
into means of production.

Capitalist normality, therefore, manifests itself as a continuous
revolution of the instruments of production, of the relations of
production, of the entire set of social relations. This revolution
therefore also overwhelms the institutional order, the result of a
compromise between the various social forces and their political
representatives, the expression of a balance that no longer exists and
is continually overwhelmed. The appeal to the Constitution,
consequently, is only the sign of the defeat of the forces that refer to
it: if they had the strength to defeat the reaction they would not
appeal to the Constitution but would apply it to crush their adversaries.

The privileged classes need a strong government, that is, they need the
executive power to subdue both the legislative and judicial powers, to
prevent both from becoming hotbeds of resistance to capitalist
acceleration. In this perspective, the main reforms have already been
made; the Meloni government does not need to change the Constitution
because in practice it has already been emptied of content by the
governments that preceded it. But in reality, a strong government is its
own first enemy.

Just as the government, even though it is a servant and protector of the
capitalists, tends, like every servant and every protector, to
emancipate itself and dominate the protected, so the various components
of the state are in perpetual war with each other for the division of
funds and to carve out more or less large slices of dominion. Once
competitiveness is raised to the value of society, it goes without
saying that competition extends to every corner, undermining at the root
that hierarchy between winners and losers that one would like to have
established once and for all.

Here, to the socio-economic reasons for the clash between powers and
between state bodies, another is added, which is intrinsic to the
hierarchical organization and makes it incapable of fulfilling any other
task than that of ensuring the violent, brutal, arbitrary domination of
a few over the masses. A domination that is all the more shaky the more
it resorts to violence.

Tiziano Antonelli

Image: photography by CA

https://umanitanova.org/attorno-alla-carogna-scontro-governo-magistratura-e-crisi-dello-stato/
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