Dpcm , self-certifications, curfew . It will be necessary to familiarize with all this after the new Dpcm with related restrictive provisions by the regions. The last one was Lazio , where starting from Friday night it will not be possible to circulate unless provided with self-certification, and therefore also with reasons deemed necessary (work, medical emergencies …) in front of which the police will not be able to punish you with fines. What would the constituent fathers think of all this ? Is it possible that these contingencies were not considered at the time of the drafting of the Constitutional Charter of '48?
Not exactly, as Professor Enrico Michetti explained to 'A Special Day' : if in the precepts of the writers of the Constitution there was no emergency, but only tools of necessity to deal with it, there is a very specific reason. Prof Michetti explained it to the microphones of Fabio Duranti and Francesco Vergovich. “ Freedom is antithetical to the concept of emergency, because emergency is something that by reason of itself obstructs freedom. This is why the Constitution and all the European constitutions that were launched more or less in the same period did not include the emergency in their precepts. They inserted instruments having the force of law – the Law Decree – which is issued by the Government where there are urgencies, needs.
Therefore, if there is a need for immediate measures, the emergency is concluded within an ordinary instrument, such as the Law Decree which can be adopted in a nanosecond by the Government. At the basis of every administrative act and every political act is congruity, that is, proportion and reasonableness. The balance consists in the right from the balance between the interests at stake. The politician must have this sensitivity: the measure must always fit situations, because real damage is done when you value 100 something worth 1 and value 1 to something worth 100. This is typical of unconscious and improvised politics. . I'll give you an example: you make people travel in a bus as if it were a cattle wagon, then you expect a person to wear a mask on a deserted avenue . This contradiction is precisely the technical juridical evidence of the abnormal provision ".
