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The quality of justice is a constitutional requirement

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發表於 2024-3-7 16:40:05 | 顯示全部樓層 |閱讀模式

The publication of rdl  represents a reform whose philosophy must be explicitly criticized. It's about th of matters, resolutions by models. From the perspective of public service and the state of deterioration that justice is experiencing, it is likely that the solution is the least bad. From the point of view of the service organization, any measure that alleviates the delay or that projects a minimum image of improvement in the service content is welcomed. We could counter this relief by pointing out that “in the world of the blind, the one-eyed man is king.” but beyond the initial relief the idea is clear: what about justice? This is with the right to give each one his own, as the classics said. The answer, of course, cannot be what we now call approximate justice, which is what is deduced from the use of models and so on.


The procedural claim is the formulation of a request, to which Italy Telegram Number Data  it is linked, the defense strategy, the way of presenting the claim and, in general, a differential formulation. That the matter is materially identical does not mean that the approaches or argumentative alternatives are the same.. With the use of models what is really being affected, without any corporate criticism, is the constitutional configuration of the right of defense. The argument, the terms of the approach and the claim are not always identical nor do they deserve the same solution. However, it seems as if everything does not matter to us and we are capable of uncritically accepting a resolution of the model that affects the materiality of what is raised, even if it does not resolve the issue in the terms raised. When this happens what really happens is that society has lost sensitivity.



We jurists cannot admit that the individualized terms in which we formulate a claim have given way to a kind of material cataloging of the requests. To admit this is to lose the essence of the process in favor of only a standardization that only benefits the system and the service. It is about reducing the use of justice. This reduction in the use of justice affects not only its own order of issues but, above all, the formation of a public power that is increasingly unpunished and less controlled. Judicial control is the essence of the rule of law, is the closing element of the entire legal system. If the system is, in itself, slow and an approximate resolution is obtained by applying a preconfigured model, individual dissatisfaction is immediately linked to the collective dissatisfaction of the control system.


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