What is the Constitution? To stop the lawlessness’ Government!

“When the court [constitutional] declares the constitutional illegitimacy of a law or an act having a law force, the law ceases to have effect from the day following the publication of the decision. "Art.136 Italian Constitution

What does this ?

Implies that when the judgment of declaration of unconstitutionality of a law has been published, the effects of the law immediately cease.

Here's an example. Today the Italian state reserves the property of the subsoil to itself. Not so in the United States, where the owner of the land is the owner up to the center of the earth.

Suppose that a ruling by the Constitutional Court declares The underground state property reserve is unconstitutional for violation of human rights "each individual has the right to have his own personal property or in common with others." And "No individual can be arbitrarily deprived of his property.".

What would happen with the publication of the judgment?

For example, the individual owner of a land would immediately become the owner of everything it contains in the substrate, except for the legal reserves established by several other law. For example, you could have the right to dig up and sell the land below, but the obligation of having to give to the state any archaeological finds found as they are not part of the land but are accidentally protected. Likewise, the right to drain or pollute an aquifer present on its land as a state property subject to the protected collective interest would remain excluded from the private sector.

The declaration of unconstitutionality of a law can in fact also be produced on who the land did not have, MA, for example, on the one who had previously been convicted and arrested for illegal excavation of sand to more in the land of others, and after being immediately released (as the penalty for which it was sentenced will no longer be able to constitute a crime ) will simply have to compensate the owner from the damage suffered, for example, restoring a few truckloads of sand.

in conclusion , The declaration of unconstitutionality of a law can produce effects on the state and quality of a person (convict or free), that is, on subjective rights, but also on their legitimate interests such as compensation for unauthorized excavation.

Now suppose the case in which an owner of the land finds himself having the property to the center of the earth but who finds himself in that subsoil a piece of subway, a tunnel, to the depth of 70 meters, Built by a private company that had had the concession, but without prior expropriation. That is, the state had given allowed to dig in the bowels of the earth to the subway society , However, without expropriating the ground above.

Having lost the right of the State, Metropolitan society would find itself using the bowels of an land of others without any right. Then the owner of the land should have the right to compensation or rent, And the company would no longer have the right of passage, unless of course special laws more.

All this to say what ?

Let him who now has no rights over a certain good, tomorrow it could suddenly have it.

The state itself can today have special rights that tomorrow may no longer have. On the other hand, it has already happened that the state monopoly on radio frequencies has been declared unconstitutional and this allowed Berlusconi, already guilty of abusive and illegal use, Not only did he find himself in the rear legality, but also he made us one of the biggest fortunes in the world, so much that he himself becomes the "state" in fact with his enormous conditioning capacity. And so for many other cases sometimes then ended up in disgrace with the same speed with which they had reached the wealth.

So those who today have special qualities, also public, Even public coronations can suddenly no longer have them following a constitutional sentence.

for example, if the Constitutional Court sentenziasse, as it should, The unconstitutionality of the tax judge as lacking in the requirement of third party , suddenly the sentences of that judge, sometimes worth millions, nothing would vary , determining the misery of one and the wealth of the other….

Therefore the declaration of unconstitutionality can make what previously had value null, and this applies from the time of publication, the Constitution says.

Naturally, if the owner of the land with the underground in the bowels does not assert its right, things stay as they are. E’ always who has the right and interest to assert a legal fact that must take action to enforce it.

If it does not, It does not mean they do not have the right, but in fact not interested.

But when it does, by virtue of a legal right sanctioned by a constitutional sentence, nobody, even the head of state, can declare its non -existent right.

Now, What would happen if after the cancellation of the state property of the subsoil, rifacesse the parliament a new law that reintroduce? The citizen would again find himself apparently without property, but is not so.

According to the late Palladin, former judge of the Constitutional Court, When a law is unconstitutional you can oppose its effects, However, taking on the connected risks, ie even if the sentence had not been there would be a statement a little’ arbitrary.

But if you were in the presence of the reintroduction of an already declared unconstitutional law?

Then there the thing would be very different, it would be a subversion of the Constitution by the parliament.

I refer in particular to the electoral law, already declared unconstitutional: Its reintroduction also in attenuated form would be a coup d'état to which it would be right to also oppose with force by virtue of the right to respect the Constitution.

The Constitution does not need the Government to know what to do, but it needs the people to prevent the government to do certain things.

It is not the government that must enforce the Constitution, but the people, the citizens, They must force the government to remain in the Constitution rails.

That's why I consider the concept for which the government must have few constraints, few laws, even better, be free of laws. You can clearly see a few ten years away that the "deregulation" or the lightening of the controls leads only to greater corruption and inefficiency . the Venetian Republic (or Venice ) In this he was still a teacher today unique and unsurpassed, He showed with 700 years in advance how to combine strong controls with streamlined action, and it showed for 500 years later, half a millennium. Obviously you do not want to learn from this, how boring it would be for gangsters and politicians thieves forced not to mafia and not to steal….. That's why it had to be destroyed first in the European context.

But if you are in a situation where the government fails to comply with the Constitution and has no plans to do so? We are faced with an act of government war on the people, and the people must defend themselves before peacefully, then by all legitimate means, And when he felt all the legitimate required by the laws the legitimacy of all the methods necessary to report the thing in the track starts.

Sometimes, however, it is advisable to take note that the people themselves do not have interested in compliance with the Constitution, There is simply not, and draw the necessary conclusions, for example emigrate, or decide to fight for the affirmation of a state of a community that instead exists.

E’ clear that Italians do not exist, among them are rubbing their resources, downloading the faults, compact and do not fight for a common ideal, despite the propaganda of those few who exploit “L’ Italia”. The recent "revolution" of the pitchforks also demonstrated the existence of opposite pushes between territories too different historically and morphologically to remain united without someone (if not all) there recovers.

But there are historical nationality communities , as the Sardinians , i Toscani, The Piedmontese….. or we are all irremediably condemned to the anonymity-nonexistence of globalization and the lower salary?

We talk about End of Nations, irrelevance of them as opposed to the current context.

I believe this is deliberately valued by those who do not want "homelands", and that in fact does not want laws.

If there is no home, There is no law, There is no free competition, There is no politics, The family no longer makes sense and is manipulated from the inside teaching children to school to masturbate ...… What remains ...…. In my opinion, all this leads only to chaos and war that only satanic organizations can desire.