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The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held, and it was formed by the representatives of all the
anti-fascist Anti-fascism is a political movement in opposition to fascist ideologies, groups and individuals. Beginning in European countries in the 1920s, it was at its most significant shortly before and during World War II, where the Axis powers were ...
forces that contributed to the defeat of Nazi and Fascist forces during the Italian Civil War. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the
Statuto Albertino The Statuto Albertino (English: ''Albertine Statute'') was the constitution granted by King Charles Albert of Sardinia to the Kingdom of Sardinia on 4 March 1848 and written in Italian and French. The Statute later became the constitution of t ...
, had been enacted.


Constituent Assembly

Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World War II and the formation of the Italian constitution: The groups that composed the Constituent Assembly covered a wide range of the
political spectrum A political spectrum is a system to characterize and classify different political positions in relation to one another. These positions sit upon one or more geometric axes that represent independent political dimensions. The expressions politi ...
, with the prevalence of three major groups, namely
Christian democratic Christian democracy (sometimes named Centrist democracy) is a political ideology that emerged in 19th-century Europe under the influence of Catholic social teaching and neo-Calvinism. It was conceived as a combination of modern democratic ...
s, liberals and leftists. All these groups were deeply
anti-fascist Anti-fascism is a political movement in opposition to fascist ideologies, groups and individuals. Beginning in European countries in the 1920s, it was at its most significant shortly before and during World War II, where the Axis powers were ...
, so there was general agreement against an authoritarian constitution, putting more emphasis on the legislative power and making the executive power dependent on it. So the Constitution doesn't follow the concept of separation of powers as conceived by major figures of the Enlightenment like Kant and
Montesquieu Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principa ...
, and incorporates mechanisms to protect the needs of governmental stability while avoiding any degeneration of
parliamentarism A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of t ...
. All the different political and social views of the Assembly contributed in shaping and influencing the final text of the Constitution. For example, constitutional protections concerning marriage and the family reflect
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted ...
themes as viewed by Roman Catholics, while those concerning
workers' rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights inf ...
reflect socialist and communist views. This has been repeatedly described as the constitutional compromise, and all the parties that shaped the Constitution were referred to as the ''arco costituzionale'' (literally, "
Constitutional Arch The term Constitutional arch (Italian: ''Arco costituzionale'') was used in the post-war Italian political discourse to describe the parties that had taken part in the drafting and approval of the Italian Constitution, and which persisted as a loo ...
"). There were 556 members of the Constituent Assembly, of which 21 were women, with 9 from the
Christian Democratic Christian democracy (sometimes named Centrist democracy) is a political ideology that emerged in 19th-century Europe under the influence of Catholic social teaching and neo-Calvinism. It was conceived as a combination of modern democratic ...
group, 9 from the Communist group, 2 from the Socialist group, and 1 from the Common Man's group. These members came from all walks of life, including politicians, philosophers and partisans; and many of them went on to become important figures in the Italian political history.


Provisions

The Constitution is composed of 139 articles (five of which were later abrogated) and arranged into three main parts: ''Principi Fondamentali'', the Fundamental Principles (articles 1–12); Part I concerning the ''Diritti e Doveri dei Cittadini'', or Rights and Duties of Citizens (articles 13–54); and Part II the ''Ordinamento della Repubblica'', or Organisation of the Republic (articles 55–139); followed by 18 ''Disposizioni transitorie e finali'', the Transitory and Final Provisions. It is important to note that the Constitution primarily contains general principles; it is not possible to apply them directly. As with many written constitutions, only few articles are considered to be self-executing. The majority require enabling legislation, referred to as ''accomplishment of constitution''. This process has taken decades and some contend that, due to various political considerations, it is still not complete.


Preamble

The preamble to the Constitution consists of the
enacting formula An enacting clause is a short phrase that introduces the main provisions of a law enacted by a legislature. It is also called enacting formula or enacting words. It usually declares the source from which the law claims to derive its authority. In ...
: ''The provisional Head of State, by virtue of the deliberations of the Constituent Assembly, which in the session of 22 December 1947 approved the Constitution of the Italian Republic; by virtue of Final Provision XVIII of the Constitution; promulgates the Constitution of the Italian Republic in the following text:''


Fundamental Principles (Articles 1–12)

The Fundamental Principles declare the foundations on which the Republic is established, starting with its democratic nature, in which the sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the Constitution. The Principles recognise the dignity of the person, both as an individual and in social groups, expressing the notions of solidarity and
equality Equality may refer to: Society * Political equality, in which all members of a society are of equal standing ** Consociationalism, in which an ethnically, religiously, or linguistically divided state functions by cooperation of each group's elite ...
without distinction of sex, race, language, religion, political opinion, personal and social conditions. For this purpose, the
right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized i ...
is also recognized, with labour considered the foundation of the Republic and a mean to achieve individual and social development: every citizen has a duty to contribute to the development of the society, as much as they can, and the Government must ensure the freedom and equality of every citizen. While the Principles recognise the
territorial integrity Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized ...
of the Republic, they also recognise and promote local autonomies and safeguard
linguistic minorities A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) and ...
. They also promote scientific, technical, and
cultural development Sociocultural evolution, sociocultural evolutionism or social evolution are theories of sociobiology and cultural evolution that describe how societies and culture change over time. Whereas sociocultural development traces processes that tend t ...
, and safeguard the environmental, historical, and artistic heritage of the nation, with a particular mention of the protection of the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic (''genetic variability''), species (''species diversity''), and ecosystem (''ecosystem diversity'') le ...
, and the ecosystems in the interest of future generations. The State and the Catholic Church are recognised as independent and sovereign, each within its own sphere. Freedom of religion is also recognised, with all religions having the right of self-organisation, as long as they don't conflict with the law, and the possibility to establish a relation with the State through agreements. In particular, Article 7 recognises the
Lateran Treaty The Lateran Treaty ( it, Patti Lateranensi; la, Pacta Lateranensia) was one component of the Lateran Pacts of 1929, agreements between the Kingdom of Italy under King Victor Emmanuel III of Italy and the Holy See under Pope Pius XI to settle ...
of 1929, which gave a special status to the Catholic Church, and allows modification to such treaty without the need of
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
s. In fact, the treaty was later modified by a new agreement between church and state in 1984. The Principles mention the
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
and the rights of the foreigner, in particular the right of asylum for people who are denied in their home country the freedoms guaranteed by the Italian Constitution, or who are accused of political offences. They also repudiate
war of aggression A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation. Wars without international legality (i.e. not out of self-defense nor sanc ...
and promote and encourage
international organisations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states an ...
aimed to achieve peace and justice among nations, even agreeing to limit sovereignty, on condition of equality with other countries, if necessary to achieve these goals. The last of the Principles establishes the Italian tricolour as the flag of Italy: green, white and red, in three vertical bands of equal dimensions.


Rights and Duties of Citizens (Articles 13–54)


Civil Relations (Articles 13–28)

Articles 13–28 are the Italian equivalent of a
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
in common law jurisdictions. The Constitution recognises ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' and the
presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present ...
; violations of personal liberties,
properties Property is the ownership of land, resources, improvements or other tangible objects, or intellectual property. Property may also refer to: Mathematics * Property (mathematics) Philosophy and science * Property (philosophy), in philosophy and ...
and privacy are forbidden without an
order Order, ORDER or Orders may refer to: * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * Heterarchy, a system of organization wherein the elements have the potential to be ranked a number of ...
of the Judiciary stating a reason, and outside the limits imposed by the law. Every citizen is free to travel, both outside and inside the territory of the Republic, with restrictions granted by law only for possible health and security reasons. Citizens have the right to freely assemble, both in private and public places, peacefully and unarmed. Notifications to the authorities is required only for large meetings on public lands, which might be prohibited only for proven reason of security or public safety. The Constitution recognises the freedom of association, within the limits of criminal law. Secret associations and
organisations An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose. The word is derived from ...
having military character are forbidden. Freedom of expression,
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a fam ...
and religion are guaranteed in public places, except for those acts which are considered offensive by
public morality Public morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places. A famous remark of Mrs Patrick Ca ...
. For example, hate speech,
calumny Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
and
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
in the public sphere are considered
criminal offence In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
s by the Italian
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
. Every citizen is protected from
political persecution Political repression is the act of a state entity controlling a citizenry by force for political reasons, particularly for the purpose of restricting or preventing the citizenry's ability to take part in the political life of a society, thereb ...
and cannot be subjected to personal or financial burden outside of the law. The right to a fair trial is guaranteed, with everyone having the right to protect their rights regardless of their economic status. Conditions and forms of reparation in case of judicial errors are defined by the law, and
retroactive law An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions ...
s are not recognized, therefore nobody can be convicted for an action which was not illegal at the time in which it took place.
Criminal responsibility The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that ...
is considered personal, therefore
collective punishment Collective punishment is a punishment or sanction imposed on a group for acts allegedly perpetrated by a member of that group, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator. Because ind ...
s are not recognized. A defendant is considered
innocent until proven guilty The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present c ...
, and punishments are aimed at the
rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
of the convicted. The
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
and
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
s are prohibited.
Extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
of citizens is not permitted outside of those cases provided by international conventions, and is prohibited for political offences. Public officials and public agencies are directly responsible under
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
, civil, and
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), a ...
for acts committed in violation of rights. Civil liabilities are also extended to the Government and to the public agencies involved.


Ethical and Social Relations (Articles 29–34)

The Constitution recognises the family as a natural society founded on marriage, while marriage is simply regarded as a condition of moral and legal equality between the spouses. The law is supposed to guarantee the unity of the family, through economic measures and other benefits, and the parents have the right and duty to
raise Raise may refer to: Music *''Raise!'', the name of a 1981 album by Earth, Wind, and Fire * '' Raise'' (album), the name of a 1991 album by Swervedriver Place names * Raise, Cumbria, England *Raise (Lake District), the name of the 12th highes ...
and educate their children, even if born
out of wedlock Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...
. The fulfilment of such duties is provided by the law in the case of incapacity of the parents. Health is recognised in Article 32 both as a fundamental right of the individual and as a collective interest, and free medical care is guaranteed to the indigent, and paid for by the taxpayers. Nobody can be forced to undergo any health treatment, except under the provisions of the law; the law is aimed at the respect of the
human dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
.
Freedom of education Freedom of education is the right for parents to have their children educated in accordance with their religious and other views, allowing groups to be able to educate children without being impeded by the nation state. Freedom of education is a ...
is guaranteed, mentioning in particular the free teaching of the
arts The arts are a very wide range of human practices of creative expression, storytelling and cultural participation. They encompass multiple diverse and plural modes of thinking, doing and being, in an extremely broad range of media. Both hi ...
and sciences. General rules of education are established by law, which also establishes public schools of all branches and grades. The Constitution prescribes examinations for admission to and graduation from the various branches and grades and for qualification to exercise a profession. Private schools are required to meet the same standards of education and qualifications, while universities and
academies An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, ...
can establish their own regulations within the limits of the law. Education is also a right, with a
compulsory Compulsion may refer to: * Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so. * Obsessive–compulsive disorder, a mental disorder characterized by i ...
and free
primary education Primary education or elementary education is typically the first stage of formal education, coming after preschool/kindergarten and before secondary school. Primary education takes place in ''primary schools'', ''elementary schools'', or first ...
, given for at least eight years. The highest levels of education are a right also for capable and deserving pupils, regardless of their financial status. To this end scholarships, allowances to families and other benefits can be assigned by the Republic through competitive examinations.


Economic Relations (Articles 35–47)

According to the Constitution, the Republic protects labour in all its forms and practices, providing for training and professional advancement of workers, promoting and encouraging
international agreements A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
and
organisations An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose. The word is derived from ...
that protect labour rights. It also gives the freedom to emigrate and protects Italian workers abroad.
Unfree labour Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of e ...
is outlawed, with workers having the right to a
salary A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis. ...
commensurate with the quantity and quality of their work and a minimum wage guaranteed in order to ensure them and their families a free and dignified existence. The
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
establishes maximum daily working hours and the right to a weekly rest day and paid annual holidays cannot be waived. Equal rights and equal pay for women are recognised;
working conditions {{Short description, 1=Overview of and topical guide to working time and conditions This is a list of topics on working time and conditions. Legislation * See :Employment law Working time * See :Working time * Flextime Working conditions * Bios ...
must allow women to fulfil their role in the family and must ensure the protection of mother and child. A minimum age for paid labour is established by law, with special provisions protecting the work of minors. Welfare support is available to every citizen unable to work, disabled or lacking the necessary means of subsistence. Workers are entitled to adequate help in the case of
accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researcher ...
, sickness, disability, old age and involuntary unemployment. Private-sector assistance may be freely provided.
Trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (s ...
may be freely established without obligations, except for registration at local or central offices and requirements such as internal democratic structures. Registered trade unions have legal personality and may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect on all persons belonging to the categories referred to in the agreement. The
right to strike Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the In ...
is recognised within the limits of the law. The Constitution recognises
free enterprise In economics, a free market is an economic system in which the prices of goods and services are determined by supply and demand expressed by sellers and buyers. Such markets, as modeled, operate without the intervention of government or any o ...
, on condition it does not damage the common good, safety,
liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
,
human dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
, health, or the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
. The Republic is supposed to establish appropriate regulations on both public and
private-sector The private sector is the part of the economy, sometimes referred to as the citizen sector, which is owned by private groups, usually as a means of establishment for profit or non profit, rather than being owned by the government. Employment The p ...
economic activities Economics () is the social science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analyze ...
, in order to orient them toward social and environmental purposes. Public and
private properties Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...
are recognised, guaranteed and regulated by the law, with particular mention of the regulation of
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officiall ...
and the possibility of expropriation with obligation of compensation in the public interest. Also, to ensure the rational use of land and equitable social relationships, there could be constraints on the private ownership and size of land. The Republic protects, promotes and regulates small and medium-sized businesses,
cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-contro ...
s and handicrafts and recognises the right of workers to collaborate in the management of enterprises, within the limits of the law. Private
saving Saving is income not spent, or deferred consumption. Methods of saving include putting money aside in, for example, a deposit account, a pension account, an investment fund, or as cash. Saving also involves reducing expenditures, such as recur ...
s and credit operations are encouraged, protected and overseen.


Political Relations (Articles 48–54)

Article 48 of the Constitution recognises the right to vote of every citizen, male or female, at home or abroad, who has attained majority, that is eighteen years of age (art. 2 civil code, amended by L. 39/1975).
Voting Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
is also considered a civic duty and the law must guarantee that every citizen is able to fulfill this right, establishing among other things, in 2000, overseas constituencies represented in the Parliament. The right to vote cannot be restricted except for civil incapacity, irrevocable penal sentences or in cases of moral unworthiness as laid down by the law. Political parties may be freely established and
petitions A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
to Parliament by private citizens are recognised in order to promote the democratic process and express the needs of the people. Any citizen, male or female, at home or abroad, is eligible for public office on the conditions established by law. To this end, the Republic adopts specific measures to promote equal opportunities between men and women, and for Italians not resident in the territory of the Republic. Every elected official is entitled to the time needed to perform that function and to retain a previously held job. Article 52 states that the defence of the homeland (''Patria'') is mandatory and the "sacred duty for every citizen". It also stipulates that national service is performed within the limits and in the manner set by law. Since 2003, Italy has no more
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
, even though it can be reinstated if required. The fulfilment of which cannot prejudice a citizen's employment, nor the exercise of political rights. Particular mention is given to the democratic spirit of the Republic as the basis for the regulation of the armed forces. The Constitution establishes a
progressive Progressive may refer to: Politics * Progressivism, a political philosophy in support of social reform ** Progressivism in the United States, the political philosophy in the American context * Progressive realism, an American foreign policy pa ...
form of
taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or ...
, which requires every citizen to contribute to public expenditure in accordance with their capability. Also, Article 54 states that every citizen has the duty to be loyal to the Republic and to uphold its Constitution and laws. Elected officials have the duty to fulfil their functions with discipline and honour, taking an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to gi ...
to that effect in those cases established by law.


Organisation of the Republic (Articles 55–139)

Power is divided among the executive, the legislative and judicial branches; the Constitution establishes the balancing and interaction of these branches, rather than their rigid separation.


Parliament (Articles 55–82)


=The Houses (Articles 55–69)

= Article 55 establishes the Parliament as a bicameral entity, consisting of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and the Senate of the Republic, which are elected every five years with no extension, except by law and only in the case of war, and which meet in joint session only in cases established by the Constitution. The Chamber of deputies is elected by direct and universal suffrage. There are 400 deputies, eight of which are elected in the overseas constituencies, while the number of seats among the other electoral districts is obtained by dividing the number of citizens residing in the territory of the Republic by 392 and by distributing the seats proportionally to the population in every electoral district, on the basis of whole shares and highest remainders. All voters over the age of twenty-five are eligible to be deputies. The Senate of the Republic is elected by direct and universal suffrage. There are 200 senators, four of whom are elected in the overseas constituencies, while the others are elected on a regional basis in proportion to the population of each Region similarly to the method used for the
Chamber of deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, with no Region having fewer than three senators, except for Molise having two, and
Valle d'Aosta , Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French ...
having one. There are also a small number of
senators for life A senator for life is a member of the senate or equivalent upper chamber of a legislature who has life tenure. , six Italian senators out of 206, two out of the 41 Burundian senators, one Congolese senator out of 109, and all members of the Bri ...
, such as former Presidents, by right unless they
resign Resignation is the formal act of leaving or quitting one's office or position. A resignation can occur when a person holding a position gained by election or appointment steps down, but leaving a position upon the expiration of a term, or choos ...
, and citizens appointed by the President of the Republic, in number up to five, for having brought honour to the nation with their achievements in the social,
scientific Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence f ...
,
artistic Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of what ...
and literary fields. All voters over the age of forty are eligible to be senators. Disqualifications for the office of deputy or senator are determined by law and verified for members by each House even after the election; and nobody can be a member of both Houses at the same time. New elections must take place within seventy days from the end of the term of the old Parliament. The first meeting is convened no later than twenty days after the elections, and until such time the powers of the previous Houses are extended. In default of any other provisions, Parliament has to be convened on the first working day of February and October. Special sessions for one of the Houses may be convened by its
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
, the President of the Republic or a third of its members; and in such cases the other House is convened as a matter of course. The
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
and Bureau of each House is elected among its member and during joint sessions the President and Bureau are those of the Chamber of Deputies. Each House adopts its rules by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
and, unless otherwise decided, the sittings are public. Members of the Government have the right and, if demanded, the obligation to attend, and shall be heard when they so request. The quorum for decisions in each House and in a joint session is a majority of the members, and the Constitution prescribes the majority required of those present for passing a decision. Members of Parliament do not have a binding mandate, cannot be held accountable for the opinions expressed or votes cast while performing their functions, and cannot be submitted to personal or home search, arrested, detained or otherwise deprived of personal freedoms without the authorisation of their House, except when a final court sentence is enforced, or when the member is apprehended in flagrante delicto. The salary of the members of Parliament is established by law.


=Legislative Process (Articles 70–82)

= Article 70 gives the legislative power to both Houses, and bills can be introduced by the Government, by a member of Parliament and by other entities as established by the Constitution. The citizens can also propose bills drawn up in articles and signed by at least fifty-thousand voters. Each House shall establish rules for reviewing a bill, starting with the scrutiny by a Committee and then the consideration section by section by the whole House, which will then put it to a final vote. The ordinary procedure for consideration and direct approval by each House must be followed for bills regarding constitutional and electoral matters, delegating legislation,
ratification Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
of
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
and the approval of budgets and accounts. The rules shall also establish the ways in which the proceedings of Committees are made public. After the approval by the Parliament, laws are promulgated by the President of the Republic within one month or a deadline established by an absolute majority of the Parliament for laws declared urgent. A law is published immediately after promulgation and comes into force on the fifteenth day after publication, unless otherwise established. The President can veto a bill and send it back to Parliament stating a reasoned opinion. If such law is passed again, the veto is overruled and the President must sign it. The Constitution recognises general
referendums A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
for repealing a law or part of it, when they are requested by five hundred thousand voters or five Regional Councils; while referendums on a law regulating taxes, the
budget A budget is a calculation play, usually but not always financial, for a defined period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including time, costs and expenses, environment ...
,
amnesty Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offic ...
or pardon, or a law ratifying an international treaty are not recognised. Any citizen entitled to vote for the Chamber of Deputies has the right to vote in a referendum, and if the majority of those eligible has voted and a majority of valid votes has been achieved, the referendum is considered carried. The Government cannot have legislative functions, except for a limited times and for specific purposes established in cases of necessity and urgency, and cannot issue a decree having the force of a law without an enabling act from the Parliament. Temporary measures shall lose effect from the beginning if not transposed into law by the Parliament within sixty days of their publication. Parliament may regulate the legal relations arisen from the rejected measures. The Constitution gives to the Parliament the authority to declare a state of war and to vest the necessary powers into the Government. The Parliament has also the authority to grant amnesties and pardons through a law having a two-thirds majority in both Houses, on each section and on the final vote, and having a deadline for implementation. Such amnesties and pardons cannot be granted for crimes committed after the introduction of such bill. Parliament can authorise by law the ratification of such
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
as have a political nature, require arbitration or a legal settlement, entail change of borders, spending or new legislation. Budget and financial statements introduced by the Government must be passed by the Parliament every year, while provisional implementation of the budget may not be allowed except by law and for no longer than four months. The budget must balance revenue and expenditure, taking account of the adverse and favourable phases of the economic cycle, which can be the only justification for borrowing. New or increased expenditure must be introduced by laws providing for the resources to cover it. Both Houses can conduct enquiries on matters of public interest, through a Committee of its Members representing the proportionality of existing parties. A Committee of Enquiry may conduct investigations and examination with the same powers and limitations as the judiciary.


The President of the Republic (Articles 83–91)

The President of the Republic is elected for seven years by the Parliament in joint session, together with three delegates from each Region, except for
Valle d'Aosta , Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French ...
having one, elected by the Regional Councils in order to ensure the representation of minorities. The election is by secret ballot initially with a majority of two-thirds of the assembly, while after the third ballot an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
is sufficient. Thirty days before the end of the term of the current President of the Republic, the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
must summon a joint session of Parliament and the regional delegates to elect the new President of the Republic. During or in the three months preceding the dissolution of Parliament, the election must be held within the first fifteen days of the first sitting of a new Parliament. In the meantime, the powers of the incumbent President of the Republic are extended. Any citizen over fifty enjoying civil and political rights can be elected president. Those citizens who already hold any other office are barred from becoming president, unless they resign their previous office once they are elected. The salary and privileges of the president are established by law. In all the cases in which the president is unable to perform the functions of the Office, these shall be performed by the President of the Senate of the Republic. In the event of permanent incapacity, death or resignation of the President of the Republic, the President of the Chamber of Deputies must call an election of a new President of the Republic within fifteen days, notwithstanding the longer term envisaged during dissolution of the Parliament or in the three months preceding dissolution. According to the Constitution, the primary role of the president, as head of the state, is to represent the national unity. Among the powers of the
president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
are the capacity to * send messages to Parliament, authorise the introduction of bills by the Government, and promulgate laws, decrees and regulations, * dissolve one or both Houses of Parliament, in consultation with their presidents, except during the last six months of his term (known as the ''
semestre bianco The (in English, "white semester") is an Italian legislative term referring to the last six months of the President of Italy's seven-year term of office. According to Article 88 of the Italian Constitution, the President cannot dissolve the Italian ...
''), unless that period coincides at least in part with the final six months of the Parliament, * call a general referendum under certain circumstances established by the Constitution, * appoint State officials in the cases established by law, * accredit and receive diplomats, and ratify
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
, after the Parliament's authorisation when required, * make declarations of war agreed upon by the Parliament, as commander-in-chief of the
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, * grant
pardons A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
, commute sentences, and confer honorary distinctions of the Republic. The
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
also presides over the High Council of the Judiciary and the Supreme Council of Defence. A writ from the President cannot be valid unless signed by the proposing Minister, and in order to have force of law must be countersigned by the President of the Council of ministers. The President is not responsible for the actions performed in the exercise of his duties, except for high treason and violation of the Constitution, for which the President can be
impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
by the Parliament in joint session, with an absolute majority of its members. Before taking office, the President must take an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to gi ...
of allegiance to the Republic and pledge to uphold the Constitution before the Parliament in joint session.


The Government (Articles 92–100)


=The Council of Ministers (Articles 92–96)

= The Government of the Republic is composed of the President of the Council of ministers and the other Ministers. The President of the Republic appoints the President of the Council and, on his proposal, the Ministers that form its
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
; swearing them all in before they can take office. All the appointees must receive, within ten days of the appointments, the confidence of both Houses for the formation of a Government, each House being able to grant or withdraw its confidence through a reasoned motion voted on by roll-call. If one or both Houses vote against a bill proposed by the Government, this does not entail the obligation to resign, however sometimes the President of the Council does attach a
confidence vote A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
to a proposal of importance according to the Government. If the majority coalition in one or both Houses does not support the Government anymore, a motion of no-confidence can be presented. It must be signed by at least one-tenth of the members of the House and cannot be debated earlier than three days from its presentation. The primary function of the President of the council is to conduct the general policy of the Government, holding responsibility for it. The President of the Council ensures the coherence of political and administrative policies, by promoting and co-ordinating the activities of the Ministers. The Ministers are collectively responsible for the acts of the
Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or ...
. They are also individually responsible for the acts of their own ministries. The organisation of the Presidency of the council, as well as the number, competence and organisation of the ministries is established by law. The Members of the Council of ministers, even if they resign from office, are subject to normal justice for crimes committed in the exercise of their duties, provided authorisation is given by the Senate of the Republic or the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, in accordance with the norms provided by the
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in feder ...
.


=Public Administration (Articles 97–98)

= General government entities must ensure a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
and a sustainable public debt, in accordance with the European Union law. The organisation of public offices is established by the law, in order to ensure the
efficiency Efficiency is the often measurable ability to avoid wasting materials, energy, efforts, money, and time in doing something or in producing a desired result. In a more general sense, it is the ability to do things well, successfully, and without ...
and impartiality of administration. The regulations of the offices lay down the areas of competence, the duties and the responsibilities of the officials. Employment in public administration is accessed through competitive examinations, except in the cases established by law.
Civil servants The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
are exclusively at the service of the nation. If they are Members of Parliament, they cannot be promoted in their services, except through seniority. Limitations are established by law on the right to become members of political parties in the case of magistrates, career military staff in active service, law enforcement officers, and overseas diplomatic and consular representatives.


=Auxiliary Bodies (Articles 99–100)

= The
National Council for Economics and Labour The National Council for Economics and Labour (in italian, ''Consiglio nazionale dell'economia e del lavoro'' or CNEL) is a constitutional organ provided for by Article 99 of Constitution of Italy and established in 1957. The CNEL is an assembly ...
(CNEL) is composed, as set out by law, of experts and representatives of the economic categories, in such a proportion as to take account of their numerical and qualitative importance. It serves as a consultative body for Parliament and the Government on those matters and those functions attributed to it by law. It can initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limitations laid out by law. The
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
is a legal-administrative consultative body and it oversees the administration of justice. The
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
exercises preventive control over the legitimacy of Government measures, and also ex-post auditing of the administration of the
State budget A government budget is a document prepared by the government and/or other political entity presenting its anticipated tax revenues (Inheritance tax, income tax, corporation tax, import taxes) and proposed spending/expenditure (Healthcare, Educa ...
. It participates, in the cases and ways established by law, in auditing the financial management of the entities receiving regular budgetary support from the State. It reports directly to Parliament on the results of audits performed. The law ensures the independence from the Government of the two bodies and of their members.


The Judicial Branch (Articles 101–113)


=The Organisation of the Judiciary (Articles 101–110)

= Article 101 states that
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
is administered in the name of the people, and that judges are subject only to the law. The Constitution empowers the Judiciary to nominate and regulate magistrates exercising legal proceedings, establishing the Judiciary as autonomous and independent of all other powers. Special judges are prohibited, while only specialised sections for specific matters within the ordinary judicial bodies can be established, and must include the participation of qualified citizens who are not members of the Judiciary. The provisions concerning the organisation of the Judiciary and the judges are established by law, ensuring the independence of judges of special courts, of state prosecutors of those courts, and of other persons participating in the administration of justice. Direct participation of the people in the administration of justice is also regulated by law. The
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
and the other bodies of judicial administration have jurisdiction over the protection of legitimate rights before the public administration and, in particular matters laid out by law, also of subjective rights. The
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
has jurisdiction in matters of public accounts and in other matters laid out by law. The jurisdiction of military tribunals in times of war is established by law. In times of peace they have jurisdiction only for military crimes committed by members of the
Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. The High Council of the Judiciary is presided over by the President of the Republic, two-thirds of its members are elected by all the ordinary judges belonging to the various categories, and one third are elected by Parliament in joint session from among university professors of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
and
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor ...
with fifteen years of practice. Its vice-president is elected by the council from among those members designated by Parliament. The members of the council are elected for four years and cannot be immediately re-elected. They also cannot be registered in professional rolls, nor serve in Parliament or on a
Regional Council Regional Council may refer to: * Regional Council (Hong Kong), disbanded in 1999 ** Regional Council (constituency) Regional council may refer to: * Regional council (Cameroon) * Regional council (France), the elected assembly of a region of Fran ...
while in office. The council has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges, following the regulations established by the Judiciary. Judges are selected through competitive examinations, while honorary judges for all the functions performed by single judges can be appointed also by election. University professors of law and lawyers with fifteen years of practice and registered in the special professional rolls for the higher courts can be appointed for their outstanding merits as
Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
councillors, following recommendations by the council. Judges cannot be removed, dismissed or suspended from office or assigned to other courts or functions unless by a decision of the council, following the rules established by the Judiciary or with the consent of the judges themselves. Judges are distinguished only by their different functions, and the state prosecutor enjoys the guarantees established by the Judiciary. The legal authorities have direct use of the judicial police. The
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in ...
is responsible for the organisation and functioning of those services involved with justice and has the power to originate disciplinary actions against judges, which are then administered by the High Council of the Judiciary.


=Rules on Jurisdiction (Articles 111–113)

= Jurisdiction is implemented through due process regulated by law. Adversary proceedings, equality before the law and the impartiality of the judge are recognised for all
court trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
s, whose duration of trials is reasonably established by law. The right to a fair trial is recognized, with the defendant having the right to be promptly informed confidentially of the nature and reasons for the charges brought and the right to adequate time and conditions to prepare a defence. The rights to direct,
cross A cross is a geometrical figure consisting of two intersecting lines or bars, usually perpendicular to each other. The lines usually run vertically and horizontally. A cross of oblique lines, in the shape of the Latin letter X, is termed a s ...
and redirect examination are also recognised to both the defendant and the prosecutor. The defendant has also the right to produce all other evidence in favour of the defence, and to be assisted by an interpreter in the case that he or she does not speak or understand the language in which the
court proceeding Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are ...
s are conducted. The formation of evidence is based on the principle of adversary hearings and the laws regulates the cases in which the formation of evidence does not occur in an adversary proceeding with the consent of the defendant or owing to reasons of ascertained objective impossibility or proven illicit conduct.
Presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present ...
is recognised and the guilt of the defendant cannot be established on the basis of statements by persons who by choice have always avoided cross-examination by the defendant or the defence counsel. All judicial decisions must include a statement of reasons, and
appeals In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
to the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In t ...
in cases of violations of the law are always allowed against sentences affecting personal freedoms pronounced by ordinary and special courts, except possibly in cases of sentences by military tribunals in time of war. Appeals to the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In t ...
against decisions of the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
and the
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
are permitted only for reasons of jurisdiction. The public prosecutor has the obligation to institute criminal proceedings. The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration. Such judicial protection cannot be excluded or limited to particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for by the law itself.


Regions, Provinces, Municipalities (Articles 114–133)

According to Article 114 the Republic is composed of the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
(''comuni''), the
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
, the Metropolitan Cities, the Regions and the State. Municipalities, provinces, metropolitan cities and regions are recognised as autonomous entities having their own statutes, powers and functions in accordance with the principles of Constitution. Rome is the
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used fo ...
of the Republic, and its status is regulated by law. The Constitution grants the Regions of
Aosta Valley , Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French ...
, Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige/Südtirol an
autonomous status In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ow ...
, acknowledging their powers in relation to legislation, administration and finance, with a particular mention of the autonomous provinces of Trento and
Bolzano Bolzano ( or ; german: Bozen, (formerly ); bar, Bozn; lld, Balsan or ) is the capital city of the province of South Tyrol in northern Italy. With a population of 108,245, Bolzano is also by far the largest city in South Tyrol and the third la ...
(''Bozen''). The allocation of legislative powers between the State and the Regions is established in compliance with the Constitution and with the constraints deriving from
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
, besides the already mentioned autonomous status granted to some Regions. The Constitution gives the State exclusive legislative power in matters of * foreign policy and international relations, in particular with the European Union, immigration, right of asylum, legal status of non EU citizens,
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
,
civil status Vital records are records of life events kept under governmental authority, including birth certificates, marriage licenses (or marriage certificates), separation agreements, divorce certificates or divorce party and death certificates. In some ...
and register offices; * relations between the Republic and
religious denominations A religious denomination is a subgroup within a religion that operates under a common name and tradition among other activities. The term refers to the various Christian denominations (for example, Eastern Orthodox, Catholic, and the many variet ...
; * defence and armed forces, State security,
armaments A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, ...
, ammunition and explosives; * the currency, savings protection and
financial markets A financial market is a market in which people trade financial securities and derivatives at low transaction costs. Some of the securities include stocks and bonds, raw materials and precious metals, which are known in the financial market ...
, competition protection, foreign exchange system,
state taxation A comparison of tax rates by countries is difficult and somewhat subjective, as tax laws in most countries are extremely complex and the tax burden falls differently on different groups in each country and sub-national unit. The list focuses on ...
and accounting systems, equalisation of financial resources and harmonisation of public accounts; * state bodies and relevant electoral laws, state referendums;
elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated ...
to the European Parliament, electoral legislation, governing bodies and fundamental functions of the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
,
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and Metropolitan Cities; * legal and administrative organisation of the State and of national public agencies,
public order In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
and
security Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social ...
, with the exception of local administrative police; * jurisdiction and
procedural law Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are ...
; civil and criminal law; administrative
judicial system The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
; * determination of the basic level of benefits relating to civil and social entitlements to be guaranteed throughout the
national territory A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constit ...
, general provisions on education, social security,
customs Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...
, protection of national borders and international
prophylaxis Preventive healthcare, or prophylaxis, consists of measures taken for the purposes of disease prevention.Hugh R. Leavell and E. Gurney Clark as "the science and art of preventing disease, prolonging life, and promoting physical and mental hea ...
; *
weights and measures A unit of measurement is a definite magnitude of a quantity, defined and adopted by convention or by law, that is used as a standard for measurement of the same kind of quantity. Any other quantity of that kind can be expressed as a multip ...
, standard time, statistical and computerised coordination of data of state, regional and local administrations, works of the
intellect In the study of the human mind, intellect refers to, describes, and identifies the ability of the human mind to reach correct conclusions about what is true and what is false in reality; and how to solve problems. Derived from the Ancient Gre ...
, protection of the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the ecosystem and
cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soc ...
. Concurring legislation applies to the following subject matters: international and EU relations of the Regions;
foreign trade International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (see: World economy) In most countries, such trade represents a significant ...
; job protection and safety; education, subject to the autonomy of educational institutions and with the exception of vocational education and training; professions; scientific and technological research and innovation support for productive sectors; health protection; nutrition; sports;
disaster relief Emergency management or disaster management is the managerial function charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters. Emergency management, despite its name, does not actuall ...
; land-use planning; civil ports and airports; large transport and navigation networks;
communications Communication (from la, communicare, meaning "to share" or "to be in relation with") is usually defined as the transmission of information. The term may also refer to the message communicated through such transmissions or the field of inquir ...
; national production, transport and distribution of energy; complementary and supplementary social security; co-ordination of public finance and
taxation system A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
; enhancement of cultural and environmental properties, including the promotion and organisation of cultural activities;
savings banks A savings bank is a financial institution whose primary purpose is accepting savings deposits and paying interest on those deposits. They originated in Europe during the 18th century with the aim of providing access to savings products to all ...
, rural banks, regional credit institutions; regional land and agricultural credit institutions. In the subject matters covered by concurring legislation legislative powers are vested in the Regions, except for the determination of the fundamental principles, which are laid down in State legislation. The Regions have legislative powers in all subject matters not expressly covered by State legislation. The Regions and the autonomous provinces of Trent and
Bolzano Bolzano ( or ; german: Bozen, (formerly ); bar, Bozn; lld, Balsan or ) is the capital city of the province of South Tyrol in northern Italy. With a population of 108,245, Bolzano is also by far the largest city in South Tyrol and the third la ...
take part in preparatory decision-making process of EU legislative acts in the areas that fall within their responsibilities, and are also responsible for the implementation of
international agreements A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
and European measures, in the limits established by the law. Regulatory powers is vested in the State with respect to the subject matters of exclusive legislation, subject to any delegations of such powers to the Regions. Regulatory powers are vested in the Regions in all other subject matters.
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
,
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and Metropolitan Cities have regulatory powers for the organisation and implementation of the functions attributed to them. Regional laws must remove any obstacle to the full equality of men and women in social, cultural and economic life and promote equal access to elected offices for men and women. Agreements between Regions aiming at improving the performance of regional functions and possibly envisaging the establishment of joint bodies shall be ratified by regional law. In the areas falling within their responsibilities, Regions can enter into agreements with foreign States and local authorities of other States in the cases and according to the forms laid down by State legislation. The administrative functions that are not attributed to the
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
, Metropolitan Cities and Regions or to the State, are attributed to the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
, following the principles of subsidiarity, differentiation and proportionality, to ensure their uniform implementation. Municipalities, Provinces and Metropolitan Cities also have administrative functions of their own, as well as the functions assigned to them by State or by regional legislation, according to their respective competences. State legislation provides for co-ordinated action between the State and the Regions in the subject of common competence. The State, Regions, Metropolitan Cities, Provinces and Municipalities also promote the autonomous initiatives of citizens, both as individuals and as members of associations, relating to activities of general interest, on the basis of the principle of subsidiarity. The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have revenue and expenditure autonomy, although subjected to the obligation of a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
and in compliance with the European Union law; as well as independent financial resources, setting and levying taxes and collect revenues of their own, in compliance with the Constitution and according to the principles of co-ordination of State finances and the tax system, and sharing in the tax revenues related to their respective territories. State legislation provides for an equalisation fund for the territories having lower per-capita taxable capacity. Revenues raised from the above-mentioned sources shall enable municipalities, provinces, metropolitan cities and regions to fully finance the public functions attributed to them. The State allocates supplementary resources and adopts special measures in favour of specific Municipalities, Provinces, Metropolitan Cities and Regions to promote economic development along with
social cohesion Group cohesiveness (also called group cohesion and social cohesion) arises when bonds link members of a social group to one another and to the group as a whole. Although cohesion is a multi-faceted process, it can be broken down into four main co ...
and solidarity, to reduce economic and social imbalances, to foster the exercise of the rights of the person or to achieve goals other than those pursued in the ordinary implementation of their functions. The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have their own properties, allocated to them pursuant to general principles laid down in State legislation. Indebtedness is allowed only as a means of funding investments, with the concomitant adoption of amortisation plans and on the condition of a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
for all authorities of each region, taken as a whole. State guarantees on loans contracted for this purpose are prohibited. Import, export or transit taxes between Regions are not permitted and the freedom of movement of persons or goods between Regions is protected, as well as the right of citizens to work in any part whatsoever of the
national territory A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constit ...
. The Government can intervene for bodies of the Regions, Metropolitan Cities,
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
if the latter fail to comply with international rules and treaties or
EU legislation European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, or in the case of grave danger for
public safety Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensure ...
and
security Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social ...
, or when necessary to preserve legal or economic unity and in particular to guarantee the basic level of benefits relating to civil and social entitlements, regardless of the geographic borders of local authorities. The law lays down the procedures to ensure that subsidiary powers are exercised in compliance with the principles of subsidiarity and loyal
co-operation Cooperation (written as co-operation in British English) is the process of groups of organisms working or acting together for common, mutual, or some underlying benefit, as opposed to working in competition for selfish benefit. Many animal ...
. The Constitution establishes the bodies of each Region as the Regional Council, the Regional Executive and its president. The Regional Council exercises the legislative powers attributed to the Region as well as the other functions granted by the Constitution and the laws, among which also the possibility to submit bills to Parliament. The Regional Executive exercises the executive powers in the Region, and The President of the Executive represents the Region, directs the policy-making of the Executive and is responsible for it, promulgates laws and regional statutes, directs the administrative functions delegated to the Region by the State, in conformity with the instructions of the Government. The
electoral system An electoral system or voting system is a set of rules that determine how elections and referendums are conducted and how their results are determined. Electoral systems are used in politics to elect governments, while non-political elections m ...
and limits to the eligibility and compatibility of the President, the other members of the Regional Executive and the Regional councillors is established by a regional law in accordance with the law of the Republic, which also establishes the term of elective offices. No one can belong at the same time to a Regional Council or to a Regional Executive and to either House of Parliament, another Regional Council, or the European Parliament. The Council elects a
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
and a Bureau from amongst its members. Regional councillors are not accountable for the opinions expressed and votes cast in the exercise of their functions. The President of the Regional Executive are elected by
universal Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a t ...
and direct suffrage, unless the regional statute provides otherwise. The elected president can appoint and dismiss the members of the Executive. The Statute of each Region, in compliance with the Constitution, lays down the form of government and basic principles for the organisation of the Region and the conduct of its business. The statute also regulate the right to initiate legislation and promote
referendums A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on the laws and administrative measures of the Region as well as the publication of laws and of regional regulations. Regional Council can adopt or amend with a law approved by an absolute majority of its members, with two subsequent deliberations at an interval of not less than two months, and not requiring the approval of the Government commissioner. The Government can challenge the constitutional legitimacy of the Regional Statutes to the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
within thirty days of their publication. The statute can be submitted to popular referendum if one-fiftieth of the electors of the Region or one-fifth of the members of the Regional Council so request within three months from its publication. The statute that is submitted to referendum is not promulgated if it is not approved by the majority of valid votes. In each Region, statutes regulate the activity of the Council of
local authorities Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
as a consultative body on relations between the Regions and local authorities. The Constitutions allows administrative tribunals of the first instance in the Region, in accordance with the law, with sections which can be established in places other than the regional capital. The President of the Republic, as protector of the Constitution, can dissolve Regional Councils and remove the President of the Executive with a reasoned decree, in the case of acts in contrast with the Constitution or grave violations of the law, or also for reasons of national security. Such decree is adopted after consultation with a committee of Deputies and Senators for regional affairs which is set up in the manner established by the law. The President of the Executive can also be removed through a
motion of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
by the Regional Council, that is undersigned by at least one-fifth of its members and adopted by roll call vote with an absolute majority of members. The motion cannot be debated before three days have elapsed since its introduction. The adoption of a no confidence motion against a President of the Executive elected by universal and direct suffrage, and the removal, permanent inability, death or voluntary resignation of the President of the Executive entail the resignation of the Executive and the dissolution of the council. The same effects are produced by the simultaneous resignation of the majority of the Council members. The Government can challenge the constitutional legitimacy of a regional law before the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
within sixty days from its publication, when it deems that the regional law exceeds the competence of the Region; while a Region can challenge the constitutional legitimacy of a State or regional law before the Constitutional Court within sixty days from its publication, when it deems that said law infringes upon its competence. Articles 115, 124, 128, 129, 130 have been repealed, and therefore have not been discussed. Article 131 establishes the following Regions: Piedmont,
Valle d’Aosta , Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French ...
, Lombardy, Trentino-Alto Adige, Veneto, Friuli-Venezia Giulia, Liguria, Emilia-Romagna, Tuscany,
Umbria it, Umbro (man) it, Umbra (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , ...
, Marche, Lazio,
Abruzzi Abruzzo (, , ; nap, label=Neapolitan language, Abruzzese Neapolitan, Abbrùzze , ''Abbrìzze'' or ''Abbrèzze'' ; nap, label=Sabino dialect, Aquilano, Abbrùzzu; #History, historically Abruzzi) is a Regions of Italy, region of Southern Italy wi ...
, Molise,
Campania (man), it, Campana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demog ...
, Apulia,
Basilicata it, Lucano (man) it, Lucana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = ...
, Calabria, Sicily and Sardinia. By a
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in feder ...
, after consultation with the Regional Councils, a merger between existing Regions or the creation of new Regions having a minimum of one million inhabitants can be granted, when such request has been made by a number of Municipal Councils representing not less than one third of the populations involved, and the request has been approved by referendum by a majority of said populations. The
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
which request to be detached from a Region and incorporated in another may be allowed to do so, following a referendum and a law of the Republic, which obtains the majority of the populations of the Province or Provinces and of the Municipality or Municipalities concerned, and after having heard the Regional Councils. Changes in provincial boundaries and the institution of new Provinces within a Region are regulated by the laws of the Republic, on the initiative of the Municipalities, after consultation with the Region. The Region, after consultation with the populations involved, can establish through its laws new Municipalities within its own territory and modify their districts and names.


Constitutional Guarantees (Articles 134–139)


=The Constitutional Court (Articles 134–137)

= Article 134 states that the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
shall pass judgement on * controversies on the constitutional legitimacy of laws and enactments having force of law issued by the State and Regions; * conflicts arising from allocation of powers of the State and those powers allocated to State and Regions, and between Regions; *
charges Charge or charged may refer to: Arts, entertainment, and media Films * ''Charge, Zero Emissions/Maximum Speed'', a 2011 documentary Music * ''Charge'' (David Ford album) * ''Charge'' (Machel Montano album) * '' Charge!!'', an album by The Aqu ...
brought against the President of the Republic, according to the provisions of the Constitution. The Constitutional Court is composed of fifteen judges, a third nominated by the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
, a third by Parliament in
joint sitting A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose. Most often it refers to when both houses of a bicam ...
and a third by the ordinary and administrative supreme Courts. The judges of the Constitutional Courts must be chosen from among judges, including those retired, of the ordinary and administrative higher Courts, university professors of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
and
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor ...
with at least twenty years practice. Judges of the Constitutional Court are appointed for nine years, beginning in each case from the day of their
swearing in Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to giv ...
, and they cannot be re-appointed. At the expiration of their term, the constitutional judges must leave office and the exercise of the functions thereof. The President of the Court is elected for three years and with the possibility of re-election from among its members, in accordance with the law and respecting in all cases the expiry term for constitutional judges. The office of constitutional judge is incompatible with membership of Parliament, of a
Regional Council Regional Council may refer to: * Regional Council (Hong Kong), disbanded in 1999 ** Regional Council (constituency) Regional council may refer to: * Regional council (Cameroon) * Regional council (France), the elected assembly of a region of Fran ...
, the practice of the legal profession, and with every appointment and office indicated by law. In
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
procedures against the President of the Republic, in addition to the ordinary judges of the Court, there must also be sixteen members chosen by lot from among a list of citizens having the qualification necessary for election to the Senate, which the Parliament prepares every nine years through election using the same procedures as those followed in appointing ordinary judges. When a law is declared
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
by the Court, the law ceases to have effect the day following the publication of the decision. The decision of the Court must be published and communicated to Parliament and the Regional Councils concerned, so that, wherever they deem it necessary, they shall act in conformity with constitutional procedures. A
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in feder ...
establishes the conditions, forms, terms for proposing judgements on constitutional legitimacy, and guarantees on the independence of constitutional judges. Ordinary laws establishes the other provisions necessary for the constitution and the functioning of the Court. No appeals are allowed against the decision of the Constitutional Court.


=Amendments to the Constitution. Constitutional Laws (Articles 138–139)

= Laws amending the Constitution and other constitutional laws must be adopted by each House after two successive debates at intervals of not less than three months, and must be approved by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
of the members of each House in the second voting. Said laws are submitted to a popular referendum when, within three months of their publication, such request is made by one-fifth of the members of a House or five hundred thousand voters or five Regional Councils. The law submitted to referendum cannot be promulgated if not approved by a majority of valid votes. A referendum is not to be held if the law has been approved in the second voting by each of the Houses by a majority of two-thirds of the members. Article 139 states that ''the form of Republic shall not be a matter for constitutional amendment'', thus effectively barring any attempt to restore the monarchy.


Transitory and Final Provisions (Provisions I–XVIII)

The transitory and final provisions start by declaring the provisional Head of the State the President of the Republic, with the implementation of the Constitution. In case not all Regional Councils had been set up at the date of the election of the next President of the Republic, the Provisions state that only members of the two Houses could participate in the election, while also providing the requirements for appointing the members of the first Senate of the Republic. The Provisions provide a general timeline for the implementation of the Constitution. For example, Article 80 on the question of
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
which involve budget expenditures or changes in the law, is declared effective as from the date of convocation of Parliament. Also, within five years after the Constitution has come into effect, the special jurisdictional bodies still in existence must be revised, excluding the jurisdiction of the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
, the
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
, and the military tribunals. Within a year of the same date, a law must provide for the re-organisation of the Supreme Military Tribunal according to Article 111. Moreover, until the Judiciary has been established in accordance with the Constitution, the existing provisions will remain in force. In particular, until the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
begins its functions, the decision on controversies indicated in Article 134 will be conducted in the forms and within the limits of the provisions already in existence before the implementation of the Constitution. The Provisions call for the election of the Regional Councils and the elected bodies of provincial administration within one year of the implementation of the Constitution. The transfer of power from the State to the Regions, as established by the Constitution, as well as the transfer to the Regions of officials and employees of the State, must be regulated by law for every branch of the public administration. Until this process has been completed the
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
will retain those functions they presently exercise, as well as those which the Regions may delegate to them. Also, within three years of the implementation of the Constitution, the laws of the Republic must be adjusted to the needs of local autonomies and the legislative jurisdiction attributed to the Regions. Furthermore, up to five years after the implementation of the Constitution, other Regions can be established by constitutional laws, thus amending the list in Article 131, and without the conditions required under the first paragraph of Article 132, without prejudice, however, to the obligation to consult the peoples concerned. Provision XII forbids the reorganisation of the dissolved
Fascist party The National Fascist Party ( it, Partito Nazionale Fascista, PNF) was a political party in Italy, created by Benito Mussolini as the political expression of Italian Fascism and as a reorganization of the previous Italian Fasces of Combat. The ...
, under any form whatsoever. Notwithstanding Article 48, the Provision imposes temporary limitations to the right to vote and eligibility of former leaders of the Fascist regime, for a period of no more than five years from the implementation of the Constitution. Similarly, until it was amended in 2002, Provision XIII barred the members and descendants of the House of Savoy from voting, as well as holding public or elected office, and the former kings of the House of Savoy, their spouses and their male descendants were denied access and residence in the national territory. In particular, after the abolition of the monarchy, the former kings
Vittorio Emanuele III Victor Emmanuel III (Vittorio Emanuele Ferdinando Maria Gennaro di Savoia; 11 November 1869 – 28 December 1947) was King of Italy from 29 July 1900 until his abdication on 9 May 1946. He also reigned as Emperor of Ethiopia (1936–1941) and K ...
and
Umberto II en, Albert Nicholas Thomas John Maria of Savoy , house = Savoy , father = Victor Emmanuel III of Italy , mother = Princess Elena of Montenegro , birth_date = , birth_place = Racconigi, Piedmont, Kingdom of Italy , de ...
, went into exile in Egypt and Portugal, respectively. Their heir Vittorio Emanuele made his first trip back to Italy in over half a century on 23 December 2002. Nevertheless, Provision XIII also imposes the confiscation by the State of the assets of the former kings of the House of Savoy, their spouses and their male descendants existing on
national territory A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constit ...
, while declaring null and void the acquisitions or transfers of said properties which took place after 2 June 1946. Titles of nobility are no longer recognised, while the
predicates Predicate or predication may refer to: * Predicate (grammar), in linguistics * Predication (philosophy) * several closely related uses in mathematics and formal logic: **Predicate (mathematical logic) ** Propositional function **Finitary relation, ...
included in those existing before 28 October 1922 are established as part of the name of the title holders. The Order of Saint Mauritius is preserved as a hospital corporation and its functions are established by law, while the Heraldic Council is suppressed. With the entry into force of the Constitution, the legislative decree of the
Lieutenant of the Realm A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations. The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often sub ...
No. 151 of 25 June 1944 on the provisional organisation of the State will become law. Within one year of the same date, the revision and co-ordination therewith of previous constitutional laws which had not at that moment been explicitly or implicitly abrogated will begin. The
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
must pass laws on the election of the Senate of the Republic, special regional statues, and the law governing the press, before 31 January 1948. Until the day of the election of the new Parliament, the Constituent Assembly can be convened to decide on matters attributed by law to its jurisdiction. The Provisions also detail the temporary functions of the Standing Committees, the Legislative Committees, and the Deputies. Provision XVIII calls for the promulgation of the Constitution by the provisional Head of State within five days of its approval by the Constituent Assembly, and its coming into force on 1 January 1948. The text of the Constitution will be deposited in the Town Hall of every Municipality of the Republic and there made public for the whole of 1948, in order to allow every citizen to know of it. The Constitution, bearing the seal of the State, will be included in the Official Records of the laws and decrees of the Republic. The Constitution must be faithfully observed as the fundamental law of the Republic by all citizens and bodies of the State.


Amendments

In order to make it virtually impossible to replace with a dictatorial regime, it is difficult to modify the Constitution; to do so (under Article 138) requires two readings in each House of Parliament and, if the second of these are carried with a majority (i.e. more than half) but less than two-thirds, a referendum. Under Article 139, the republican form of government cannot be reviewed. When the Constituent Assembly drafted the Constitution, it made a deliberate choice in attributing to it a supra-legislative force, so that ordinary legislation could neither amend nor derogate from it. Legislative acts of parliament in conflict with the Constitution are subsequently annulled by the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. Three Parliamentary Commissions have been convened in 1983–1985, 1992–1994 and 1997–1998 respectively, with the task of preparing major revisions to the 1948 text (in particular Part II), but in each instance the necessary political consensus for change was lacking. The text of the Constitution has been amended 16 times. Amendments have affected articles 48 (postal voting), 51 (women's participation), 56, 57 and 60 (composition and length of term of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and Senate of the Republic); 68 (indemnity and immunity of members of Parliament); 79 (amnesties and pardons); 88 (dissolution of the Houses of Parliament); 96 (impeachment); 114 to 132 (Regions, Provinces and Municipalities in its entirety); 134 and 135 (composition and length of term of the Constitutional Court). In 1967 articles 10 and 26 were integrated by a constitutional provision which established that their last paragraphs (which forbid the extradition of a foreigner for political offences) do not apply in case of crimes of genocide. Four amendments were presented during the thirteenth legislature (1996–2001), these concerned parliamentary representation of Italians living abroad; the devolution of powers to the Regions; the direct election of Regional Presidents; and guarantees of fair trials in courts. A constitutional law and one amendment were also passed in the fourteenth legislature (2001–2006), namely, the repealing of disposition XIII insofar as it limited the civil rights of the male descendants of the House of Savoy; and a new provision intended to encourage women's participation in politics. Further amendments are being debated, but for the time being 61.32% of those voting in the 25–26 June 2006 referendum rejected a major Reform Bill approved by both Houses on 17 November 2005, despite its provisions were diluted in time; the attempt to revise Part II appears to have been abandoned or at least postponed, but in 2014 its parts on bicameralism has been resumed by Renzi Government in a partially different draft. In 2007, the constitution was amended making
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
illegal in all cases (before this the Constitution prohibited the death penalty except "in the cases provided for by military laws in case of war;" however, no one had been sentenced to death since 1947 and the penalty was abolished from military law in 1994). Articles 81, 97, 117 and 119 were amended on 20 April 2012, introducing the requirement of a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
at both the national and the regional level, taking into account both positive and negative variations of the economic cycle. Articles 56, 57, and 59 were amended on 19 October 2020, reducing the total number of parliamentarians by about one third, and capping the total number of senators for life appointed by the President at five in all cases. Article 58 was amended on 18 October 2021, lowering the voting age for the Senate from 25 to 18 years old, the same as the Chamber of Deputies. Articles 9 and 41 were amended on 8 February 2022, introducing legal frameworks for the protection of the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic (''genetic variability''), species (''species diversity''), and ecosystem (''ecosystem diversity'') le ...
, and the ecosystems.


Notable Members of the Constituent Assembly

The following is a list of notable members of the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
: *
Leonetto Amadei Leonetto Amadei (Seravezza, 7 August 1911 – Marina di Pietrasanta, 10 November 1997) was an Italian lawyer and a politician. Amadei graduated from the University of Pisa. As a lawyer, he often took on cases defending the weak, the oppressed, ...
( PSI), future President of the Constitutional Court *
Gaspare Ambrosini Gaspare Ambrosini (24 October 1886 in Favara, Sicily – 1986 in Rome) was an Italian jurist and statesman. Career and contributions In 1911 Ambrosini became the youngest professor of constitutional law of his times. In 1918, acting as pri ...
( DC), jurist *
Giorgio Amendola Giorgio Amendola (21 November 1907 – 5 June 1980) was an Italian writer and politician. He is regarded and often cited as one of the main precursors of the Olive Tree. Born in Rome in 1907, Amendola was the son of Lithuanian intellectual Eva K ...
( PCI), writer *
Giulio Andreotti Giulio Andreotti ( , ; 14 January 1919 – 6 May 2013) was an Italian politician and statesman who served as the 41st prime minister of Italy in seven governments (1972–1973, 1976–1979, and 1989–1992) and leader of the Christian Democrac ...
(DC), future Prime Minister and life Senator *
Lelio Basso Lelio Basso (25 December 1903 – 16 December 1978) was an Italian democratic socialist politician, political scientist and journalist. Early life Lelio Basso was born in Varazze (in the province of Savona) into a Liberal bourgeois family. In 1 ...
(PSI), journalist * Bianca Bianchi (PSI), teacher and writer *
Ivanoe Bonomi Ivanoe Bonomi (18 October 1873 – 20 April 1951) was an Italian politician and journalist who served as Prime Minister of Italy from 1921 to 1922 and again from 1944 to 1945. Background and earlier career Ivanoe Bonomi was born in Mantua, ...
( GM), former Prime Minister * Piero Calamandrei (
PdA PDA may refer to: Science and technology * Patron-driven acquisition, a mechanism for libraries to purchase books *Personal digital assistant, a mobile device * Photodiode array, a type of detector * Polydiacetylenes, a family of conducting po ...
), university professor and author *
Emilio Colombo Emilio Colombo (11 April 1920 – 24 June 2013) was an Italian politician, member of the Christian Democracy, who served as Prime Minister of Italy from August 1970 to February 1972. During his long political career, Colombo held many offices ...
(DC), future Prime Minister and life Senator *
Benedetto Croce Benedetto Croce (; 25 February 1866 – 20 November 1952) was an Italian idealist philosopher, historian, and politician, who wrote on numerous topics, including philosophy, history, historiography and aesthetics. In most regards, Croce was a lib ...
( PLI), philosopher *
Alcide De Gasperi Alcide Amedeo Francesco De Gasperi (; 3 April 1881 – 19 August 1954) was an Italian politician who founded the Christian Democracy party and served as prime minister of Italy in eight successive coalition governments from 1945 to 1953. De Gasp ...
(DC), incumbent Prime Minister *
Florestano Di Fausto Florestano Di Fausto (16 July 1890 – 11 January 1965) was an Italian architect, engineer and politician who is best known for his building designs in the Italian overseas territories around the Mediterranean. He is considered the most important ...
(DC), architect and engineer *
Giuseppe Di Vittorio Giuseppe Di Vittorio (Cerignola, 11 August 1892 – Lecco, 3 November 1957), also known as Nicoletti, was an Italian trade union leader and Communist politician. He was one of the most influential trade union leaders of the labour movement after ...
(PCI), trade unionist * Luigi Einaudi (PLI), future President *
Amintore Fanfani Amintore Fanfani (; 6 February 1908 – 20 November 1999) was an Italian politician and statesman, who served as 32nd prime minister of Italy for five separate terms. He was one of the best-known Italian politicians after the Second World War and ...
(DC), future Prime Minister *
Vittorio Foa Vittorio Foa (18 September 1910 – 20 October 2008) was an Italian politician, trade unionist, journalist and writer. Biography Foa was born in Turin in 1910 into a middle-class Jewish family. He attended Liceo Classico Massimo d'Azeglio in ...
(PdA), trade unionist *
Antonio Giolitti Antonio Giolitti (12 February 1915 – 8 February 2010) was an Italian politician and cabinet member. He was the grandson of Giovanni Giolitti, the well-known liberal statesman of the pre-fascist period who served as Prime Minister of Italy five ...
(PCI), future minister *
Angela Gotelli Angela Gotelli (25 February 1905 – 21 November 1996) was an Italian politician, educator and activist. She served in the Chamber of Deputies as a member of Christian Democracy. The daughter of Domenico Gotelli, a doctor, and Tullia Fattori ...
(DC), teacher *
Giovanni Gronchi Giovanni Gronchi, (; 10 September 1887 – 17 October 1978) was an Italian politician from Christian Democracy who served as the president of Italy from 1955 to 1962 and was marked by a controversial and failed attempt to bring about an "open ...
(DC), future President *
Leonilde Iotti Leonilde Iotti, commonly known as Nilde Iotti (; 10 April 1920 – 4 December 1999) was an Italian politician, member of the Italian Communist Party (PCI). She was the first and only woman member of the PCI to become the president of the Chamber ...
(PCI), future President of the Chamber of Deputies * Giovanni Leone (DC), future President *
Girolamo Li Causi Girolamo Li Causi (1 January 1896 – 14 April 1977) was an Italian politician and a leader of the Italian Communist Party who was a prominent figure in the struggle for land reform and against the Mafia in Sicily. He labelled large estates (th ...
(PCI), future PCI leader *
Luigi Longo Luigi Longo (15 March 1900 – 16 October 1980), also known as Gallo, was an Italian communist politician and secretary of the Italian Communist Party from 1964 to 1972. He was also the first foreigner to be awarded an Order of Lenin. Early l ...
, (PCI) future PCI secretary *
Emilio Lussu Emilio Lussu (4 December 1890 – 5 March 1975) was an Italian soldier, politician, anti-fascist and writer. Biography The soldier Lussu was born in Armungia, province of Cagliari ( Sardinia) and graduated with a degree in law in 1914. Lussu m ...
(PdA), writer *
Gaetano Martino Gaetano Martino (25 November 1900 – 21 July 1967) was an Italian politician, physician, and university teacher. Early life and medicine Gaetano Martino was born in 1900 in Messina, Sicily, son of its Mayor Antonino Martino. He graduated in me ...
(PLI), future President of the European Parliament *
Bernardo Mattarella Bernardo Mattarella (15 September 1905 – 1 March 1971) was an Italian politician for the Christian Democrat party (''Democrazia Cristiana'', DC). He was a cabinet minister of Italy several times, becoming one of the most important politicians o ...
(DC), future minister *
Teresa Mattei Teresa Mattei, also known as Teresita (1 February 1921 – 12 March 2013) was an Italian partisan and politician. Background Born in Genoa, in 1938 Mattei was expelled from all schools of the Kingdom of Italy for openly criticizing in her classr ...
(PCI), former partisan *
Lina Merlin Angelina "Lina" Merlin (15 October 1887 – 16 August 1979) was an Italian politician, perhaps best known for authoring and promoting the so-called " Merlin law" which abolished state-regulated prostitution in Italy. She was also an activist ...
(PSI), teacher *
Aldo Moro Aldo Romeo Luigi Moro (; 23 September 1916 – 9 May 1978) was an Italian statesman and a prominent member of the Christian Democracy (DC). He served as prime minister of Italy from December 1963 to June 1968 and then from November 1974 to July 1 ...
(DC), future Prime Minister *
Pietro Nenni Pietro Sandro Nenni (; 9 February 1891 – 1 January 1980) was an Italian socialist politician, the national secretary of the Italian Socialist Party (PSI) and senator for life since 1970. He was a recipient of the Lenin Peace Prize in 1951. He ...
(PSI), future Foreign Minister *
Francesco Saverio Nitti Francesco Saverio Vincenzo de Paolo Nitti (19 July 1868 – 20 February 1953) was an Italian economist and political figure. A Radical, he served as Prime Minister of Italy between 1919 and 1920. According to the ''Catholic Encyclopedia'' ("T ...
( UDN), former Prime Minister * Umberto Nobile (PCI), Air Force General and explorer *
Teresa Noce Teresa Noce (29 July 1900 – 22 January 1980) was an Italian labor leader, activist, journalist and feminist. She served as a parliamentary deputy and advocated broad social legislation benefiting mothers. Biography Teresa Noce was born in Tur ...
(PCI), labor leader and journalist * Vittorio Emanuele Orlando (GM), former Prime Minister *
Randolfo Pacciardi Randolfo Pacciardi (1 January 1899 – 14 April 1991) was an Italian politician. He was a long-time member of the secular, centre-left Italian Republican Party. An ardent anti-fascist, he lived in exile for many years and was an officer of the ...
( PRI), future Defense Minister *
Ferruccio Parri Ferruccio Parri (; Pinerolo, 19 January 1890 – Rome, 8 December 1981) was an Italian partisan and anti-fascist politician who served as the 29th Prime Minister of Italy, and the first to be appointed after the end of World War II. During the w ...
(PRI), former Prime Minister *
Giuseppe Pella Giuseppe Pella (18 April 1902 – 31 May 1981) was an Italian Christian Democratic politician who served as the 31st prime minister of Italy from 1953 to 1954. He was also Minister of Treasury, Budget and of Foreign Affairs during the 1950s and ...
(DC), future Prime Minister * Sandro Pertini (PSI), future President *
Maria Maddalena Rossi Maria Maddalena Rossi (29 September 1906 – 19 September 1995) was an Italian anti-fascist partisan, communist politician, feminist, and journalist. She was a leading voice for leftist women and women's rights in the years following the Second Wo ...
(PCI), former partisan and journalist *
Paolo Rossi Paolo Rossi (; 23 September 1956 – 9 December 2020) was an Italian professional footballer who played as a forward. He led Italy to the 1982 FIFA World Cup title, scoring six goals to win the Golden Boot as top goalscorer, and the Golden ...
(PSI), future President of the Constitutional Court *
Giuseppe Saragat Giuseppe Saragat (; 19 September 1898 – 11 June 1988) was an Italian politician who served as the president of Italy from 1964 to 1971. Early life Born to Sardinian parents, he was a member of the Unitary Socialist Party (''Partito Socialis ...
( PSDI), future President *
Oscar Luigi Scalfaro Oscar Luigi Scalfaro (; 9 September 1918 – 29 January 2012) was the president of Italy from 1992 to 1999. A member of Christian Democracy (DC), he became an independent politician after the DC's dissolution in 1992, and was close to the centre ...
(DC), future President *
Antonio Segni Antonio Segni (; 2 February 1891 – 1 December 1972) was an Italian politician and statesman who served as the president of Italy from May 1962 to December 1964 and the prime minister of Italy in two distinct terms between 1955 and 1960. A memb ...
(DC), future President *
Carlo Sforza Count Carlo Sforza (24 January 1872 – 4 September 1952) was an Italian diplomat and anti-fascist politician. Life and career Sforza was born at Lucca, the second son of Count Giovanni Sforza (1846-1922), an archivist and noted historian ...
(PRI), future Foreign Minister * Paolo Emilio Taviani (DC), future Interior Minister * Umberto Terracini (PCI), President of the Constituent Assembly *
Palmiro Togliatti Palmiro Michele Nicola Togliatti (; 26 March 1893 – 21 August 1964) was an Italian politician and leader of the Italian Communist Party from 1927 until his death. He was nicknamed ("The Best") by his supporters. In 1930 he became a citizen of ...
(PCI), incumbent Justice Minister *
Umberto Tupini Umberto Tupini (27 May 1889 – 7 January 1973) was an Italian politician. He was minister of public works (1947–1950) in the Government of Italy. He was the mayor of Rome (1956–1958). He served in the Senate of Italy in Legislature I (1948� ...
(DC), future minister


See also


Former constitutions

* First Cisalpine Constitution (1797) * Second Cisalpine Constitution (1798) * Third Cisalpine Constitution (1801) * Italian Constitution (1802) *
Constitutional Statute of Italy The Constitutional Statute of Italy ( it, Statuto costituzionale) was the statute of the Kingdom of Italy, a client state of France the under Napoleon I. It was roughly what is now the northern regions of Friuli-Venezia Giulia, Lombardy, Trentin ...
(1805) *
Statuto Albertino The Statuto Albertino (English: ''Albertine Statute'') was the constitution granted by King Charles Albert of Sardinia to the Kingdom of Sardinia on 4 March 1848 and written in Italian and French. The Statute later became the constitution of t ...
(1848)


Others

* Birth of the Italian Republic *
Constitutional laws of Italy A constitutional law, in the Italian legal system, is an Act of Parliament that has the same strength as the Constitution of Italy. This means that in case of conflicts between the Constitution and a constitutional law, the latter normally prevai ...
* History of Italy * Politics of Italy * Post-World War II
Basic Law for the Federal Republic of Germany The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
* Post-World War II
Constitution of Japan The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution ...
* Rule according to higher law * Treaty establishing a Constitution for Europe * Treaty of Peace with Italy, 1947


Notes


Footnotes


References


External links


La Costituzione della Repubblica Italiana
Senato della Repubblica
The Constitution of the Italian Republic
Senate of the Republic


The Members of the Constituent Assembly

Archive footage of the Signing of the Constitution
{{Authority control Government of Italy Law of Italy January 1948 events in Europe 1948 in Italy 1948 in law 1948 in politics 1948 documents Anti-fascist works