Italian Constitution: Fundamental Principles

• The initial 12 articles contain fundamental principles which underpin the Italian Constitution.

Historical Context

• A referendum was held on June 2, 1946, allowing Italians, including women for the first time, to choose between a republic and a monarchy.
• The referendum favored the Republic, leading to the election of the Constituent Assembly.
• The Assembly approved the final text on December 22, 1947.
• On December 27, 1947, it was promulgated by De Nicola and published in the Official Gazette.
• It came into effect on January 1, 1948.
• The Commission for the Constitution was created to draft the main text to be discussed.
• Three subcommittees were formed for citizens' rights and duties, the State's organization, and socio-economic relations.

Hierarchy of Legal Norms

• The Italian legal system includes:

  • Constitution and constitutional laws
  • Regulations of the European Union
  • Formal and material laws
  • Regional laws
  • Regulations
  • Customs

• The Fundamental Law of the State contains the rules and principles underlying the entire legal system.

Constitution Characteristics

• Rigid as the primary source of Italian law, Article 138 requires a complex revision process.
• Democratic as it was voted on by elected representatives of the people.
• Extensive as it is divided into 139 articles covering fundamental principles, citizens' rights and duties, the Republic's organization, and transitional provisions.
• Compromisory as it results from collaboration between diverse political forces.
• Programmatic and indicates the objectives that all political forces must pursue through legislative measures without contradicting the constitutional stipulations.

Albertine Statute

• It was granted by King Charles Albert of Savoy in the Kingdom of Sardinia in 1848.
• It was extended to the entire Kingdom of Italy in 1861 and replaced by the Republican Constitution.
• Flexible and could be modified by ordinary law.
• Short and composed of 84 articles, of which only 9 specified the rights and duties of subjects.
• The powers of the State, although separate, rested with the king.
  • He retained executive power.
  • He controlled the judiciary.
  • He shared legislative power with Parliament.
  • He could veto laws.
  • Only deputies were elected, while senators were appointed by the king.

Constitution Structure

• Fundamental Principles are outlined in Articles 1-12.
  • These principles are the values that are the basis of society and the State.
  • They include democracy, popular sovereignty, equality, inviolable rights, the right to work, and the unity and indivisibility of the Republic.

Rights and Duties of Citizens (Articles 13-54)

• This part details both what freedoms citizens can invoke and what behaviors the State can expect from them.

• Title I (Civil Relations, Articles 13-28) concerns personal freedoms.

• Title II (Ethical-Social Relations, Articles 29-34) concerns family rights, health, and education.

• Title III (Economic Relations, Articles 35-47) concerns protecting labor, social assistance, and regulating property.

• Title IV (Political Relations, Articles 48-54) concerns the right to vote.

• Citizens' duties include defending the country, loyalty to the Republic, and abiding by the Constitution and laws.

• Governance is divided among the Legislature (Parliament), the Executive (Government), and the Judiciary (Magistracy).

• Constitutional guarantees are provided by the Constitutional Court and the process for constitutional review.

• The structure includes local authorities: regions, provinces, metropolitan areas, and municipalities.

Democratic Principle (Article 1)

• Italy is a democratic Republic where sovereignty belongs to the people.
• Citizens exercise this in the forms and within the limits of the Constitution.
• Democracy equals government by the people.
• The principle reinforced where citizens choose the people to whom they task with governing.
• Indirect democracy is represented through elections.
• Article 139 forbids modifying the Republican form.

Indirect or Representative Democracy

• Citizens elect members of Parliament in Political Elections.
• Citizens elect members of the municipal council and regional council in Administrative Elections.
• Citizens elect members of the European Parliament in European Elections.

Direct Democracy

• Citizens plays a vital role as they exercise their right to participate in the decision-making process.
• Citizens take a decisive role regarding decisions related to laws and government policies.

Direct Democracy Instruments

• The right of petition per Article 50.
• Legislative initiative which needs 50,000 citizens to present a bill proposal to Parliament.
• Popular Referendum includes abrogative measures for ordinary and regional laws.
• Constitutional measures are provided for laws revising the Constitution.
• Territorial measures are mandatory for changes affecting Regions, Provinces, and Municipalities.
• Consultative in order to cover issues of local interest

Personalist Principle (Article 2)

• The Republic recognizes and guarantees the inviolable rights of man, both as individual and in social formations.
• These rights preexist the Republic, are inherent to man, and the State commits to guarantee them.
• The person has a central role in the Constitution, seen as a bearer of needs and natural rights.
• Guarantees the protection of Liberty and Equality, Life and Safety, Dignified Work, Freedom of Thought and Expression, Protection of Own Rights in Tribunal, Instruction, Asylum, and Participation in Political Life.

Solidarity Principle (Article 2)

• The Republic recognizes and guarantees inviolable rights, requiring the fulfillment of unavoidable duties of political, economic, and social solidarity.
• Social Rights (right to work, education, health) require State action to provide protection and services to citizens in difficulty.
• It justifies progressive tax system, where everyone contributes to public expenses based on ability.
• It allows the State to implement targeted interventions for wealth redistribution.

Equality Principle (Article 3)

• All citizens have equal social dignity and are equal before the law, without any distinction made due to sex, race, language, religon, political opinions, or personal and social conditoions.
• Non-Discrimination is vital.
• The Republic must remove obstacles of an economic or social nature that limit freedom and equality, impeding the full development of the human person.
• Positive action by the State and the Duty of Solidarity.

Labor Principle (Article 4)

• This is the "foundation of labour" in Italy.
• The Republic recognizes the right to work for all citizens and promote the conditions that actualize this right.
• Every citizen has their own duty to contribute to the material or spiritual progress of society.
• It places value on labor.
• It provides the right-duty for labor.
• The State must promote conditions to allow everyone to have a work.
• Labor allows contributions to society's progress.

Autonomy Principle (Article 5)

-The Republic recognizes and promotes local autonomy and pursues decentralization.

• Ensures Italy remains unified and cannot be broken into separate parts.
• Compesates different social and economic regions through decentralization.
• It gives the Local entities (Municipalities and Regions) with tasks and power that can work adequately for different territorial settings.

Pluralistic Principle (Article 6)

• The Republic recognizes and guarantees inviolable human rights in social formations.
• Social organizations include all intermediate formations between the individual and the State, such as family, religious denominations, political parties, trade unions, and associations.
• Protects linguistic minorities through guidelines.
• Promotes bilingualism in public offices and schools due to the presence of linguistic minorities especially in Valle d'Aosta and Trentino-Alto Adige.

Secularism of the State (Article 7)

• The State and the Catholic Church are independent and sovereign.
• Their relations are regulated by the Lateran Pacts.
• This affirms the secular nature of the State and recognizes the concordatory system.
• The Lateran Pacts are an agreement between Italian State and Church of 1929 revised by the Villa Madama Agreement.

Religious Pluralism (Article 8)

• All religious denominations are equally free before the law.
• Non-Catholic religious denominations can organize according to their own statutes.

Cultural Principle (Article 9)

• The Republic promotes the development of culture and scientific and technical research.
• It protects the landscape and the nation's historical and artistic heritage.
• It protects the environment, biodiversity and ecosystems, also in the interest of future generations.
• The State law disciplines the ways and forms of protection of animals.
• Article 9 places respect towards culture, and the State incites and encourages the development of both culture and scientific research.

Protection of Landscape and Artistic Heritage

• The Constitution initially protected the landscape and artistic heritage.
• Safeguarding beauty is an identifying aspect of the Charter.
• Cultural, historical, artistic, and landscape heritage contributes to a people's identity and delineates a country's historical memory.
• The revised version extends this protection to the environment as a fundamental value.
• Protection of the environment is a fundamental human right and a primary value.

Pacifist Principle, Peace Protection, and International Relations (Article 10 & 11)

• The Italian legal system conforms to generally recognized norms of international law
• Foreigners impeded from effectively exercising liberties in their own country are entitled to asylum.
• Italy encourages political/economic relations with other nations.
• Aims to aid people from countries lacking freedom/protections.

Peace Protection (Article 11)

• Italy rejects war as an instrument of foreign aggression.
• Promotes peace and justice amongst nations.
• Promotes accords with international communities as well as develops political/ economic related projects.

Italian Tricolor

• The flag consists of green, white, and red vertical bands of equal size.
• Originated in 1797 in Reggio Emilia as an emblem of the Cispadane Republic.
• Was inspired by the French Flag, with the color green in place of blue.
• Became the official flag of the Kingdom of Sardinia in 1848.
• The Savoy coat of arms was removed from the center of the white band.
• The Constitution established the flag in 1948.
• Represents Italy beyond national borders.
• Offending the flag is a crime.

The National Anthem

• There were multiple options to select from after the war.
• It was selected because of its revival song written by Goffredo Mameli and set to music by Michele Novaro in 1847.
• In 2017, Parliament officially designated it as the national anthem.