THE CITIZEN AND JUSTICE
The Guarantees of Justice
Besides its legislative and administrative functions, the Constitution
includes the dispensation of justice as a fundamental duty of the State. This
consists in guaranteeing the effects and applications of laws relating to
various concrete cases. The implementation of this duty is assigned to members
of the State's public organs, the whole being called the magistratura. Where
the administration of justice particularly relates to the citizen, it should be
observed that the Italian Constitution, unlike the majority of other countries'
constitutions, formally guarantees (Article 24) ``the right to a judicial
defence''. This is classed as an individual right and thus demonstrates that the
relationship between the citizen and justice forms one of the cardinal
principles of the State as set out in the Constitution. Besides this
provision, as further testimony of the importance that the Constitution attaches
to this issue, there are dispositions concerning the equality of justice to be
guaranteed by the judiciary. The following are guaranteed with particular
emphasis: - Independence of the judge, a necessary condition to ensuring his
impartiality. The judge, in fact, is only subject to the law and the judiciary,
as an order, appears completely independent from the outside, particularly when
compared with legislative and executive powers. This means that the justice can
express, with full liberty and according to his own judgement, the opinion that
seems to him to accord with the law. Such independence also ensures that the
judiciary is extraneous to the interest on which it must pronounce. - Natural
justice, which ensures that for each case there is a competent judge. Allocation
being determined by general criteria fixed in advance by the law and not on the
basis of individual cases, so as to avoid any attempts at manipulation. -
Right of contradiction, giving to all the opportunity of defending themselves.
The judge cannot pronounce sentence until the accused has been informed by an
established procedure of the existence of the trial. A further fundamental
characteristic of justice is the obligation on the judge to reach a decision.
Though justice is considered to have a single function, civil, criminal and
administrative element may be distinguished.
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