Political or constitutional crisis?

[politics]

Paolo Fiorio        year VI/ number 16



Institutional reforms in Italy, an interview with Ugo Spagnoli, judge at the Corte Costituzionale 1995.


Has the new Italian electoral system shown some deficiency, which are the possible ways to reform the electoral act?

The majority electoral law has to be changed, maybe the double turn system is the best way. However the main problem is the absence of the feature for a real majority system. The majority system, in Italy, finds a lot of difficulties in his realization because there aren't two big parties as in the U.K, in Germany. Essentially the constitutional engineering problem is a political problem in the sense that we need to go towards homogeneous political. This problem exists either if we choose a presidential system, or a parliamentary one.

The form of government that is prevailing now is the presidential system based more or less on French model. The French model would be a big error because of the plebiscitary risk exasperated by the power of the media which are controlled essentially in an essential part by one of the protagonists of the political scene. In France the semi-presidential solution was born in a dramatic situation, nearly civil war. The authoritarian content of this system is evident even if has not degenerated into a regime for the oldest democratic tradition of France. The application of French model in Italy is very dangerous on the one hand for the wide parliamentary system tradition and the difficulty to adapt a particular institutional system in a totally different situation, on the other for the enormous powers of the President and the connected risks of personalization of power.

The real problems in the Italian system are others: strengthening of Parliament and of the Government. On one hand it is necessary to abolish one of the Chambers; the second chamber should became the body for local autonomies. In this way the passage of the statutes would be easier and quicker. On the other is necessary to increase the legislative power of the executive, more minor subjects could be in the Government competence without confusion on the constitutional powers. Another essential issue is the reforming of the form of government to assure more stability of government, even if the French model is not the most appropriate, the majority imposes changes. The so called Government of the Premier is the easier and less dangerous solution in accordance with the Italian Parliamentary tradition. The Parliamentary confidence is an essential issue that Italy can't renounce to assure the widest democratic representative.



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