The Statuto Albertino (

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

: ''Albertine Statute'') was the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

granted by King

Charles Albert of Sardinia Charles Albert (; 2 October 1798 – 28 July 1849) was the King of Sardinia from 27 April 1831 until 23 March 1849. His name is bound up with the first Italian constitution, the Statuto Albertino, Albertine Statute, and with the First Italian ...

to the

Kingdom of Sardinia The Kingdom of Sardinia,The name of the state was originally Latin: , or when the kingdom was still considered to include Corsica. In Italian it is , in French , in Sardinian , and in Piedmontese . also referred to as the Kingdom of Savoy-S ...

on 4 March 1848 and written in Italian and French. The Statute later became the constitution of the unified

Kingdom of Italy The Kingdom of Italy ( it, Regno d'Italia) was a state that existed from 1861, when Victor Emmanuel II of Kingdom of Sardinia, Sardinia was proclamation of the Kingdom of Italy, proclaimed King of Italy, until 1946, when civil discontent led to ...

and remained in force, with changes, until 1948. Charles Albert did not want to grant a Constitutional Charter so he attempted to maintain as much power as he could although the Statute marked the end of his

absolute monarchy Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constituti ...

Background

The Statute was proclaimed only because of concern at the revolutionary insurrection agitating Italy in 1848. At the time, Charles Albert was only following the example of other Italian rulers, but his Statute was the only constitution to survive the repression that followed the First War of Independence (1848–49). The Statute remained the basis of the legal system after

Italian unification The unification of Italy ( it, Unità d'Italia ), also known as the ''Risorgimento'' (, ; ), was the 19th-century political and social movement that resulted in the consolidation of different states of the Italian Peninsula into a single ...

was achieved in 1860 and the Kingdom of Sardinia became the Kingdom of Italy. Even though it suffered deep modifications, especially during the fascist government of

Benito Mussolini Benito Amilcare Andrea Mussolini (; 29 July 188328 April 1945) was an Italian politician and journalist who founded and led the National Fascist Party. He was Prime Minister of Italy from the March on Rome in 1922 until his deposition in ...

(who ruled with the tacit approval of King

Victor Emmanuel III The name Victor or Viktor may refer to: * Victor (name), including a list of people with the given name, mononym, or surname Arts and entertainment Film * ''Victor'' (1951 film), a French drama film * ''Victor'' (1993 film), a French shor ...

), the Statute lasted mostly unaltered in the structure until the implementation of the republican constitution in 1948, which superseded several primary features of the document, with specific regard to those of monarchical nature.

Provisions

Preamble

The

preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...

of the Statute consists of an

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 ...

that reaffirms the authority of the King, in the context of the unrest that was sweeping across Europe and the Kingdom, by stating: ''CARLO ALBERTO,

by the grace of God By the Grace of God ( la, Dei Gratia, abbreviated D.G.) is a formulaic phrase used especially in Christian monarchies as an introductory part of the full styles of a monarch. For example in England and later the United Kingdom, the phrase was f ...

, KING OF SARDINIA, OF CYPRUS, AND OF JERUSALEM Etc., Etc., Etc. ''With regal loyalty and fatherly love We come today to accomplish what We had announced to Our most beloved subjects with Our proclamation of the 8th of the February last, with which We wanted to demonstrate, in the midst of the extraordinary events which surround the country, how Our confidence in them increases with the gravity of the circumstances and, heeding only of the impulses of Our heart, how determined is Our intention to adapt their destiny to the spirit of the times, for the interest and for the dignity of the Nation. ''Having considered the broad and strong representative institutions contained in the present Fundamental Statute to be the most certain means of redoubling with the links of indissoluble affection that bind to Our Italian Crown a People who have given Us so many proofs of faith, of obedience and of love, We have determined to sanction it and to promulgate it, in the faith that God will bless Our intentions, and that the free, strong and happy Nation will always show itself ever more worthy of its ancient fame and will deserve a glorious future. For this reason, by Our certain Royal authority, having had the opinion of Our Concil, We have ordered and We do order with the force of Statute and fundamental Law, perpetual and irrevocable from the Monarchy, that which follows:''

The State (Articles 1–23)

The Statute starts by establishing

Roman Catholicism The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

as the sole

state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...

while

freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...

was granted for all existing forms of worship, in conformity with the law (Article No.1). The

was a representative monarchy, with an hereditary crown, in accordance with the

Salic law The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old D ...

, which effectively limited succession to male members of the royal family (Article No.2).

Legislative power A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known a ...

was exercised collectively by the King, the Senate and the Chamber of Deputies (Article No.3).

Executive power The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems b ...

was vested in the King alone (Article No.5), who was declared to be " sacred and inviolable" (Article No.4). Among the powers of the King were the capacity to * declare war, as commander-in-chief of all the armed forces. * conclude treaties of peace, of alliance, of

commerce Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, natio ...

and others. He was required to notify the Chambers of these treaties except in circumstances where vital

state interest The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government. Etymology The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around t ...

s and

national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military att ...

concerns forbade it. However, treaties entailing either a financial burden or changes in the territories of the State had to be ratified by the Chambers. * appoint all state officials. * sign bills into law and promulgate them, as well as issue the decrees and regulations necessary for their execution. The Article No.7 also gave the King the ability to withhold countersignature, however, Kings never used this power because they feared unpopularity might cause the end of the monarchy. * propose new legislation, a power shared with the Chambers. However, taxation and appropriations bills were required to originate in the Chamber of Deputies. * annually convene the Chambers, prorogue them and dissolve the Chamber of Deputies, with the proviso that a new Chamber must be convened within four months of its dissolution. * grant

clemency 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 j ...

and commute sentences. The King reached

majority A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Websterminority, the prince most closely related to him in accordance with the

order of succession An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.regent A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...

to the throne and

tutor TUTOR, also known as PLATO Author Language, is a programming language developed for use on the PLATO system at the University of Illinois at Urbana-Champaign beginning in roughly 1965. TUTOR was initially designed by Paul Tenczar for use in ...

of the King, taking this last duty from the

Queen Mother A queen mother is a former queen, often a queen dowager, who is the mother of the reigning monarch. The term has been used in English since the early 1560s. It arises in hereditary monarchies in Europe and is also used to describe a number of ...

after the King turned seven. If that prince was younger than 21, these duties passed to the next in line, until the King reached majority. In the absence of male relatives, the Queen Mother served as regent. If there was no Queen Mother, the ministers were required to convene the Chambers within ten days to name a regent. The same procedures applied in the event of

physical incapacity Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, ...

of the reigning King, but if the crown prince was already of age, he automatically became regent. The Statute established the economic benefits and privileges of the Crown and the members of the royal family, reaffirming also the King's ownership of His assets, which included royal palaces,

villa A villa is a type of house that was originally an ancient Roman upper class country house. Since its origins in the Roman villa, the idea and function of a villa have evolved considerably. After the fall of the Roman Republic, villas became ...

s and gardens, as well as all His personal properties. Of these assets the Statute mandated an inventory to be compiled and regularly updated by the responsible Minister. During the coronation, the King was required to swear before both Chambers to act in accordance with the Statute, while the regent was required to swear loyalty to the King and the Statute.

The Rights and Duties of Citizens (Articles 24–32)

The Statute declared all citizens

equal before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic ru ...

, with equal

civil and political rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...

regardless of ranks and titles, and made all citizens eligible for civil and military offices, except for the restrictions provided by the law. All citizens were required to pay taxes in proportion to their possessions. The Statute did not explicitly exclude women from the right to vote (Article No.24), this led to controversies as Courts disagreed with each other until the precedent of the Supreme Court forbidding women to vote. The Statute granted the rights of ''

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, ...

'', guaranteeing

personal 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 ...

and inviolability of the residence. Nobody could be arrested or brought to

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 tribun ...

, or have his home searched, except in those cases and in the manners prescribed by the law. All properties were inviolable. However, if public interest mandated it, citizens could be required to give up all or part of their property with due compensation and in accordance with the law.

Freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...

was granted, but the government was empowered to punish abuses of this freedom. Moreover, the Statute granted the

Bishops A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...

the sole authority to grant permission to print bibles,

catechism A catechism (; from grc, κατηχέω, "to teach orally") is a summary or exposition of doctrine and serves as a learning introduction to the Sacraments traditionally used in catechesis, or Christian religious teaching of children and adul ...

liturgical Liturgy is the customary public ritual of worship performed by a religious group. ''Liturgy'' can also be used to refer specifically to public worship by Christians. As a religious phenomenon, liturgy represents a communal response to and partic ...

and

prayer book A prayer book is a book containing prayers and perhaps devotional readings, for private or communal use, or in some cases, outlining the liturgy of religious services. Books containing mainly orders of religious services, or readings for them ar ...

s until 1870. Citizens had the right to freely assemble, peacefully and unarmed (the

right to keep and bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...

was not recognised), though the government could regulate this right in the interest of public welfare. However, assemblies in public places were still subjected to police regulation. Taxes could not be levied or collected without the consent of the Chambers and the King. The public debt is guaranteed and every obligation of the State to its creditors had to be met.

The Senate (Articles 33–38)

Senators were appointed by the King for life, and had to be at least 40 years old. The Statute gave a list of different categories among which senators were chosen, with different criteria and requirements for each category. The list included

Archbishops In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdioc ...

and Bishops of the State; Presidents and members of the Chamber of Deputies; Ministers of the State; Ambassadors and Special Envoys; Presidents, Attorneys and Councillors of the Court of Cassation, the Court of Accounts or the Appeal Courts; Generals and

Admirals Admiral is one of the highest ranks in some navies. In the Commonwealth nations and the United States, a "full" admiral is equivalent to a "full" general in the army or the air force, and is above vice admiral and below admiral of the fleet, ...

; State Councillors; Members of the Royal Academy of Science and of the High Council of Public Education; and other citizens who have distinguished themselves through their services, achievements and contributions. The Royal Princes were members of the Senate by right from the age of 21 onward, with full voting rights after the age of 25, sitting immediately after the President. The President and the Vice-President of the Senate were appointed by the King, while the Secretaries were chosen by the Senate. By Royal decree, the Senate could be empowered to sit as a High Court of Justice to judge crimes of

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

and other crimes against national security, and to judge ministers accused by the Chamber of Deputies. In these circumstances, the Senate did not constitute a political entity and had only focus on the judicial affairs for which it was convened. No senator could be arrested without an order of the Senate, except when they were apprehended ''

in flagrante delicto ''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...

''. The Senate had the sole authority to judge its members, and was also responsible for archiving royal births, marriages and deaths.

The Chamber of Deputies (Articles 39–47)

The Chamber of Deputies was popularly elected, and was composed of members chosen from their constituencies in conformity with the law. Deputies were required to be Italian subjects, at least 30 years old, enjoy civil and political rights and fulfill all other requirements established by the law. Deputies were elected for at least five years, unless the Chamber was dissolved before then, and they represented the nation as a whole, with no binding mandate from their individual constituencies. The Chamber of Deputies elected its own President, Vice-President and Secretaries at the beginning of each session for its entire duration. If a Deputy ceased, for whatever reason, to fulfill his functions, new elections were required to be held in his constituency as soon as possible. No Deputy could be arrested while the Chamber is in session, except when apprehended

, nor could he be brought before a court in a criminal proceeding without the prior consent of the Chamber. A Deputy could not be arrested for indebtedness while the Chamber was in session, nor during the three weeks immediately preceding and following a session. The Chamber had the right to impeach the King's Ministers and bring them to trial before the High Court of Justice, which was the Senate.

Provisions Common to Both Chambers (Articles 48–64)

The sessions of the Chambers were required to start and finish at the same time. Any meeting of one chamber convened while the other was out of session was illegal, and its proceedings were null and void. Before taking office, Senators and Deputies took 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 g ...

to be loyal to the King, to loyally observe the Statute and the laws of the State, and to exercise their functions with the sole aim of the inseparable good of the King and of the nation. Senators and deputies served without pay. They could not be held accountable for opinions expressed and votes given in the Chambers. Sittings of the Chambers were public, but they could deliberate in closed session when requested in written form by ten members. 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 r ...

of members of each chamber had to be present for the sitting to be legal. Deliberations were taken by

majority vote A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster 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 the Chambers by way of the proper authorities. The petitions were then examined by the Chambers through their committees to determine if they were worthy of consideration. If they were considered worthy, they were sent to the responsible Minister or offices. The Senate and Chamber of Deputies could only hear from their own Members, the Ministers and the Government's Commissioners. Each Chamber had the sole authority to judge the validity and eligibility of its own members, and to establish its own internal rules regarding the exercise of its functions. No one could be a Senator and a Deputy at the same time. Voting could be done by standing and sitting, by division into groups or by

secret ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vo ...

, the last being mandatory while voting on a bill in its entirety, or on provisions personally concerning the Members. Italian was defined as the working language of both chambers. However, members could use French if they represented areas in which it is used, or in response to the same.

The Ministers (Articles 65–67)

Ritratto di Carlo Alberto di Savoia, 1849 - Accademia delle Scienze di Torino - Ritratti 0004 C

The King appointed and dismissed the Ministers. They could not vote in either Chamber unless they were members. They had the right of entrance to both Chambers and the right to speak upon request. Ministers were legally responsible for government acts, and all laws and acts had to be countersigned by a Minister in order to take effect. Originally, ministers were responsible only to the King. However, as the power and prestige of the Chambers grew over the years, it became virtually impossible for a King to appoint a ministry entirely of his own choosing, or keep it in office against the express will of the Chambers. As a result, contradicting the Statute, it became a well-established convention that ministers were both legally and politically responsible to the Chambers. The Statute granted the King the power to appoint and dismiss ministers (Article 65) and they could not, in theory unlike in practice, be removed because the executive power belonged to the King alone (Article 5);

was the first and the last to make use of the large might of the Constitution by appointing

The Judiciary (Articles 68–73)

The King appointed all judges, who administered justice in his name. Except for cantonal judges, judges were irremovable after three years of service. The Statute provided for the retention of all courts, tribunals, and judges that existed at the time it came into force. The judicial organization could only be altered by legislation. No one could be withdrawn from his ordinary legal jurisdiction. Consequently, no extraordinary tribunals or commissions could be created. Proceedings of tribunals in civil matters and hearings in criminal matters were public, in conformity with the law. The courts did not exercise

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...

, as the interpretation of laws was the responsibility of the

legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

General Provisions (Articles 74–81)

The law regulated the institutions of 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 ou ...

and

Comuni The (; plural: ) is a local administrative division of Italy, roughly equivalent to a township or municipality. It is the third-level administrative division of Italy, after regions ('' regioni'') and provinces (''province''). The can also ...

, as well as their districts. The law also regulated the

military service Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job ( volunteer) or as a result of an involuntary draft (conscription). Some nations (e.g., Mexico) require ...

and the communal militia. All laws contrary to the Statute were declared void. The State retained the flag and the existing

Orders of Knighthood An order of chivalry, order of knighthood, chivalric order, or equestrian order is an order of knights, typically founded during or inspired by the original Catholic military orders of the Crusades ( 1099–1291) and paired with medieval concep ...

, with their privileges in their own institutions, while the King could create new

Orders 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 ...

and establish their statutes. Titles of

nobility Nobility is a social class found in many societies that have an aristocracy. It is normally ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. The character ...

were maintained by those with a right to them, while the King could confer new ones. No one could receive decorations, titles, or pensions from a foreign power without the authorization of the King.

Transitory Provisions (Articles 82–84)

The Statute took effect on the day of the first meeting of the Chambers, which was required to take place immediately after the election. Until then, public service was provided by urgent and sovereign dispositions in the forms that were followed before the adoption of the Statute. For the execution of the Statute, the King reserved the right to make laws on the press, on the elections, on the communal militia and the rearrangement of the State Council. Until the publication of the laws on the press, the previous laws remained in effect. The Ministers were appointed and responsible for the execution and the full observance of the transitional dispositions.

Reactions

The subjects of the Kingdom celebrated for the first time the grant of the Constitution on 27 February 1848 but the day of celebration later became the first Sunday of June. This national day originally meant to represent the achievement of liberty but by time the national day was seen as a celebration to the monarchy itself, and continued to be seen in the same way even after Benito Mussolini acquired power.

References

External links

Text of the Statute
* Text of the Statute * Text of the Statute (annotated PDF translation) {{Authority control 19th century in Italy 1848 in Italy 1848 in law Legal history of Italy

Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...

Kingdom of Sardinia 1848 in the Kingdom of Sardinia Constitution of Italy 1848 documents Italian constitutional law