Internet in the Constitution? Let's talk ...

On Thu, June 3, 2010 in Blogging , E-government , read old and new , by Ernesto Belisario

Ended a few hours before the celebrations of Republic Day , commemorating the institutional referendum held on 2 and 3 June 1946, after which Italy became a Republic. The date is also important for another reason: in the same day the Italians elected members of the ' Constituent Assembly that would then wrote our fundamental charter , which entered into force on 1 January 1948.

De Nicola promulgates the Constitution of the Italian Republic

In his traditional message , the Head of State, Hon Giorgio Napolitano - in addition to recall the values ​​that are the foundation of our Republic - has addressed an appeal to all that Italy "will renew" and "become more modern." It is no mystery: the backward (including technological) of our country is a problem that is much debated (unfortunately often only among insiders), trying to identify possible solutions that will enable us to make use of new technologies, the maximum possible benefits in terms of development, dissemination of information, transparency and efficiency of the public sector.

In recent days there has been much discussed in the Network of the proposal made ​​by Riccardo Luna , editor of Wired , to "bring the Internet into the Constitution" and the initiative has attracted many influential reactions and concerns .

Although he has not heard Richard and not knowing the terms of his proposal, I feel I speak in this debate, because for years I think to update the changes to the Constitution and the needs arising from new technologies is not at all farfetched idea.
Of course, we must consider with great attention as modernize the old standards (especially in matters of expression and use of information and cultural heritage) and perhaps add new ones (think, for example, network access as a fundamental right) to avoid running the risks of excessive regulation (what some call "determinism guiridico") or for changes to be overcome within a few years.

However, I believe that there is every reason to proceed with a constitutional amendment to that effect, for at least two reasons.

First, the Constitution, like all other laws, is subject to a physiological obsolescence. " Ubi societas, ibi ius , "said the Latin: where there is a human society, there exists the law, but society has changed significantly in over sixty years, and there is no denying that the advent of new technologies-info telematics has led to changes that have no parallel in recent history.

Of course, the changes mentioned should cover the first part of our Constitution, one that contains the basic principles and the statement of the civil, political and social. Often the First Part was considered unchangeable and treated like a "fetish", I honestly do not understand the reasons for this approach. The same constituent is not intended to close off that part of the Charter, not removing it - so - to change (the art. 139 of the Constitution provides, in fact, that only "republican form can not be subject to constitutional review").
The measures to be proposed, in my opinion, should go in the direction to update the Constitution to new achievements (as well as distinguished scholars and economists have supported me with reference to other areas), improving and increasing the range and quality of protection constitutional.

And then, of constitutional intervention would be more than desirable given the recent history, marked by a veritable "technological obscurantism" that marked the last legislature (without distinction between different political parties).
The coverage of the constitutional issues such as access to the Internet and freedom of expression, for example, might speed up some processes (such as the spread of broadband) and avoid others (think of all the measures cc.dd. "kill- blog "as the obligation to rectify Alfano DDL ).

The time is ripe to discuss concrete projects to take, then, to switch to public attention by the proposed actions.
And 'here, in my opinion, content that is necessary to measure the figure of a true reformist zeal that puts, finally, at the center and Innovation Network.

One Response to Internet in the Constitution? Let's talk ...

  1. [...] This post was Mentioned on Twitter by Luca Conti, Richard Luna and Ernesto Belisario, ReAnto. ReAnto said: RT @ riccardowired: Internet in the Constitution? Let's talk about â € | http://shar.es/mZmyD [...]

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