Constitution of Italy
The Constitution of the Italian Republic was ratified on 22 December 1947 by the Constituent Assembly, with 453 votes in favour and 62 against, before coming into force on 1 January 1948, one century after the previous Constitution of the Kingdom of Italy had been enacted. 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 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 forces that contributed to the defeat of Nazi and Fascist forces during the liberation of Italy. The election was held in all Italian provinces, except the provinces of Bolzano, Gorizia, Trieste, Pola, Fiume and Zara, located in territories not administered by the Italian government but by the Allied authorities. These territories were still under occupation as the status of the territories was being resolved through the Paris Peace Treaties of 1947. By 1947, most of these territories had been annexed by Yugoslavia, including most of the Julian March and the Dalmatian city of Zara.
Constituent Assembly
, a professor of law, an authority on civil procedure, spoke in 1955 about World War II and the formation of the Italian constitution:File:Italian Parliament, 1946.svg|thumbnail|250px|left|The groups of the Constituent Assembly: DC, PSI, PCI, UDN, FUQ, PRI, BNL, PdA, MIS and others
The groups that composed the Constituent Assembly covered a wide range of the political spectrum, with the prevalence of three major groups, namely Christian democratics, liberals and leftists. All these groups were deeply anti-fascist, so there was general agreement against an authoritarian constitution, putting more emphasis on the legislative power and making the executive power dependent on it.
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 themes as viewed by Roman Catholics, while those concerning workers' rights 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.
There were 556 members of the Constituent Assembly, of which 21 were women, with 9 from the Christian 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 and arranged into three main parts: Principi Fondamentali, the Fundamental Principles ; Part I concerning the Diritti e Doveri dei Cittadini, or Rights and Duties of Citizens ; and Part II the Ordinamento della Repubblica, or Organisation of the Republic ; 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: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 without distinction of sex, race, language, religion, political opinion, personal and social conditions. For this purpose, the right to work 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 of the Republic, they also recognise and promote local autonomies and safeguard linguistic minorities. They also promote scientific, technical, and cultural development, and safeguard the environmental, historical, and artistic heritage of the nation, with a particular mention of the protection of the environment, the biodiversity, 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 do not conflict with the law, and the possibility to establish a relation with the State through agreements. In particular, Article 7 recognises the Lateran Treaty of 1929, which gave a special status to the Catholic Church, and allows modification to such treaty without the need of constitutional amendments. In fact, the treaty was later modified by a new agreement between church and state in 1984.
The Principles mention the international law 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 and promote and encourage international organisations 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 in common law jurisdictions. The Constitution recognises habeas corpus and the presumption of innocence; violations of personal liberties, properties and privacy are forbidden without an order 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 having military character are forbidden.
Freedom of expression, press and religion are guaranteed in public places, except for those acts which are considered offensive by public morality. For example, hate speech, calumny and obscenity in the public sphere are considered criminal offences by the Italian Criminal Code.
Every citizen is protected from political persecution 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 laws 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 is considered personal, therefore collective punishments are not recognized. A defendant is considered innocent until proven guilty, and punishments are aimed at the rehabilitation of the convicted. The death penalty and cruel and unusual punishments are prohibited. Extradition 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, civil, and administrative law 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 and educate their children, even if born out of wedlock. 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.
Freedom of education is guaranteed, mentioning in particular the free teaching of the arts 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 can establish their own regulations within the limits of the law. Education is also a right, with a compulsory and free primary education, 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.