Least but not Last, with the new Constitution approved in April, Hungary seem to affirm its intention to overturn the constitutional instrument in substance maintaining only the skin. As everybody know, a Constitution is a "fundamental law" that sets milestones in rights and duties, institutional architecture and grant free of judiciary system, requiring special procedures and qualified majorities to be changed. Its foundation is the constituent power (which is a deliberative body, in usually a Parliament) emanating from the will of the people, and its aim is to guarantee the rights of minorities by majorities will, the separation of powers and the fundamental freedoms of citizens, so the goal and function of a Constitution ("grundnorme" in German) is preserve the "stability of the rules of the game."
Unfortunately, also for electoral lawsoriented to a majority logic with even sorts of "premium prize" that have as practical effect that "The Winner Takes It All",we're seeing changing Constitutions from bulwark of single will against powers and majority will into a fortress in wich majority will abide and defend themself from with his laws from justice wind flying with minorities petitions. Starting from the Irish Constitution, which include in its the protection of the embryo so to avoid their women the right of choice otherwise known in the European Union (so that the Irish who choose to choice should fly in England or Netherlands), is a continuous flourishing of attempts to constitutionalize the ethical values of single dominant groups, thereby transforming the constitutional system in a "dictatorship of the majority" sometimes even projected into the future.
Paradigmatic is the new Hungarian Constitution, which at one hand reduce supervisory powers of the Constitutional Court, intstutute a a censorship commission on press whose members are appointed by the government for 9 years (well beyond the term limits so what which in itself is also a weak point of legal logic), remove any reference to Hungary as secular Republic creating an ontology with the people (during nazist era was known as "the folks spirit") and no mention religious minorities (indeed speak on behalf of the Christian tradition) ethnic and sexual as holders of equal rights and constitutionally ban same-sex marriages.
Beyond the record, it is very interesting recognize that all attempts at constitutional revision of the rights wing around the world follow a similar scheme. On a side create a weak point in blocking social expenditure, with a limit generally of 2 / 3 for the new charges, while a simple majority for example is enough to punish such offenses with prison review, refer back to religious traditions that want to impose to all and at the same time hide and cance the message of social justice in gospel, with the complicity of the churches pay to protect fetuses and regardless of freedom in the broadest sense it should be, since the time of St. Augustine, the basis of City of God.
So if the social bloc that leads t these rules changing is ever similar and consists of organized churches, liberistic politicians, populist that try to find eretics and responsibles of the crisis that themselves create by building internal and external enemies using a shameful propaganda through widespread by the media they control, the question is: what is the reason of the spreading of this cancer of democracy. Is only one or more? what makes them thrive? Could be only the ideology of economy faculty at Chicago University at the time of Friedman? Obviously, nope.
Is it enough a constitutional law as in California where more than 25 years ago asked qualify majority to increase taxation? Nope,is clear. In a general sense a prevision of higher majorities for changing in worse way people rights (including also obviously personal and social rights) is a good way to grant personal freedom against arbitrium of majority, but if is limited only to taxation is a way to grant only rich and cut a winf to democracy that cannot fly without more money from more rich that'll become richer and powerful while the other 'llbecome porer and poorer.
The great guilty of this situation is the great absent, the antidote lost somewhere: left wing and its natural ally, bourgeoisie and non-parasitic parties, that seems to have been extinguished their flame to enlight history and laws with the end of the Soviet empire. By that time,
an unexplainable “desire of normalization” genetically transformed left wing worldwide in simple executors of neo-liberalism "building managers”, insensitive to the fears and needs of a changing society. Is this is cowardice that brought millions of (their,most of all) voters on the streets with nothing as consequence of their economical policies and has led even the most enlightened bourgeoisie to go out.
From this empty cultural political and moral space the sleep of reason is producing everywhere monsters, which slice the body of laws and the “law to excellence” (constitution), and turn it into a kind of zombie ridge of the legacies of a past of bigotry and arrogance of unscrupulous people interested in what god you pray and go to bed with whom, but rather insensitive and an accomplice or perpetrator when they take away the dreams of tomorrow.
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