The judicial power is not the substitute of free opposition in Parliament
The article argues against the notion that the judiciary should serve as a political opposition to the government, emphasizing the importance of parliamentary democracy.
The article discusses the dangers of an authoritarian drift in Italy and the growing sentiment that the judiciary should act as a bulwark against perceived governmental overreach. It critiques the reliance on the judiciary to uphold democracy, citing concerns over a government that some citizens deem untrustworthy. This perspective poses the judiciary not just as a legal authority but as a political one, which raises questions about the proper balance of power in a democratic society.
The author warns against the risk of undermining the judicial power by co-opting it into political opposition, suggesting that this blurs the lines between different branches of government. It highlights how invoking classical philosophers like Montesquieu serves to mask a deeper intolerance for political diversity and a fear of democratic processes. According to the article, such attitudes not only detract from the actual workings of democracy but can also lead to a dangerous precedent where the judiciary is tasked with political roles not intended by the constitution.
Ultimately, the piece asserts that the core of democracy lies within the parliament, where laws are designed and debated, rather than in courts where laws are interpreted and enforced. This distinction is critical for maintaining the integrity of both democratic governance and the judiciary's role within it, emphasizing that judges should not be seen as political actors or opposition figures but as impartial interpreters of the law.