
Promulgation of the Constitution
The 'Constitution of Italy' (
Italian: ''Costituzione della Repubblica Italiana'') is the supreme
law of
Italy. It was approved by the
Constituent Assembly (''Assemblea Costituente'') on
22 December,
1947 453 to 62, with 3 canceled. It was also publicized on ''Gazzetta Ufficiale'',
27 december 1947, n. 298. The Constituent Assembly was elected with the universal suffrage on
2 June,
1946 at the same time as the
referendum on abolition of the monarchy. The constitution came into force on
January 1,
1948, one century after the
Statuto Albertino, or previous constitution, came into force.
Introduction
The forces that enliven the debate inside the assembly group into three main trends: the
christian democratic solidaristic one, the
socialist-
communist and the
liberal (promoter of
civil liberties, heir of the liberal tendencies of the nineteenth century). All of those tendencies agreed about refusing any authoritaristic choice, because they were deeply anti-
fascist. Each party belonging to those trends worried about its future in the first election that there would have been after the promulgation of the Constitution and tried to insert in the constitutional act some regulations reflecting the opinions of the tendence they belonged to: the result was that, for example, some parts of the text refer much more to the Christian-democratic believes (like parts concerning marriage and family), some others, for further example, remind communist and socialist topics (like parts concerning workers rights).
Like many constitutions, only a few regulations are considered to be self-executing. The vast majority of the constitution requires enabling legislation, referred to as "accomplishment of constitution." This process has taken decades and some contend that because of various political pressures, it is still not finished.
The Italian Constitution has different points of view; Above all, regulations written in this text try to involve all problems of private and public life: from individual liberties to marriage, from work to government, and so on.
This act is written. The constitutional assembly, according to the continental law experiences, chose not to leave to customary law the control of public organs, like some countries do, especially in
common law.
It is also extremely hard to modify the constitution: to take this act the parliament needs a large majority, and, in some cases, a further public
referendum. On the other side, normal legislative acts taken by the parliament that are in contrast with the constitution are removed by the Constitutional Court, after which it is like they never existed.
It is divided into three main parts, ''Fundamental Principles'' (
Italian: ''Principi Fondamentali''), ''Part I: Rights and Duties of Citizens'' (
Italian: ''Diritti e Doveri dei Cittadini''), Part II: ''Organization of the Republic'' (
Italian: ''Ordinamento della Repubblica'') and Part III: ''Transitory and Final Provisions'' (
Italian: ''Disposizioni transitorie e finali'').
Autonomous regions
of the ''Italian Constitution'' contemplates that five of the 20
regions of Italy shall benefit of particular conditions of '
autonomy'. These regions are:
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Sicily
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Sardinia
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Trentino-Alto Adige/Südtirol
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Friuli-Venezia Giulia
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Aosta Valley
Further reading
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Livio Paladin, ''Diritto costituzionale'', Padova, CEDAM, 1998
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Roberto Bin,
Giovanni Pitruzzella, ''Diritto costituzionale'', Torino, Giappichelli, 2005
See also
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Constitution
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Politics of Italy