In a democracy, the combination between the right and the law finds its expression in the division of powers, where each state institution gives life and applies to the law by implementing the powers given to it by the sovran. In the democratic order often we encounter with a distortion of the legal structure, which becomes a manipulated object because of the functional relation between law making- executive and judicial powers in a Montesquian sense. From here arise the immune profiles of political figures in a felony case (application of the regulations contained in the criminal code), due to the connections (like appointments, corruption or other government interests) by the judiciary system. Although it’s the perfect order in the modern times, the risk that the power and money influence could nullify the power of law is very high. As Tocqueville would say, democracy is “majority’s dictatorship” from two viewpoints: numbers represented by the powerful men in the parliament (the members of the parliament) and the money represented by businessmen or philanthropists with worldwide influence. Thus, the law as the first regulatory instrument of the system and responsible for the maintenance of social order, becomes a " game for power and maintaining of money that comes from it" in the hands of the powerfuls. By definition we can say that the Crime of the Men in Power raises, develops and is kept by the dicotomy between the exploitation of the legal spaces and impunity applied by the judicial system. This way, the relation power-justice becomes a machiavellian binom “the means justifies the end”.
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|Titolo:||Powerful’s crime in democracy and the role of justice|
|Data di pubblicazione:||2017|
|Appartiene alla tipologia:||01a Articolo in rivista|