Italian Constitutional Law in Europe

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Questions and Answers

What defines a legal system within a community?

A collection of moral guidelines agreed upon by citizens.

A set of traditions and customs governing behavior.

A framework of rules, procedures, and institutions for law interpretation. (correct)

An informal agreement among citizens to follow certain laws.

Which event is considered the starting point of the modern state concept?

The Declaration of Independence.

The establishment of the United Nations.

The Treaty of Westphalia in 1648. (correct)

The signing of the Magna Carta.

What are the two key elements defining a state according to the Treaty of Westphalia?

Authority from external sources and territory.

Originality and sovereignty. (correct)

Decentralization and local governance.

Sovereignty and federalism.

Which characteristic was prominent in the original conception of the state?

Centralized power in the hands of a monarch. Signup and view all the answers

What process led to the limitation of the absolute power of the king over time?

Internal constraints from regional and provincial authorities. Signup and view all the answers

How did the evolution of the state impact public law?

It resulted in the development of democratic legal practices. Signup and view all the answers

What role does the state play in relation to the legal system?

It legitimizes itself by establishing governance and creating legal rules. Signup and view all the answers

Which concept represents a significant change in the structure of power within the state?

Separation of powers. Signup and view all the answers

What was the primary authority held by the king under the Albertine Statute?

Power to appoint and dismiss ministers Signup and view all the answers

Which of the following characteristics describe the Albertine Statute?

It was granted from above by the monarch Signup and view all the answers

What significant change occurred in Italy's political structure between 1848 and 1949?

Decline in royal powers and growth in parliamentary governance Signup and view all the answers

How many articles were dedicated to civil rights in the Albertine Statute?

9 articles Signup and view all the answers

What did the legislative decree (Decreto Legislativo) require in the context of the government's legislative authority?

A delegation law from parliament Signup and view all the answers

What type of system did the Chamber of Deputies operate under?

Limited franchise based on property and wealth Signup and view all the answers

Which of the following aspects illustrates the flexibility of the Albertine Statute?

It could be amended through ordinary laws Signup and view all the answers

What era is characterized by a constitutional monarchy under the Albertine Statute before Italy became a unified state?

1848-1861 Signup and view all the answers

What characterizes a parliamentary system of government?

The authority of the prime minister depends on maintaining parliamentary confidence. Signup and view all the answers

Which model of cabinet governance is characterized by a collective decision-making process?

Cabinet government Signup and view all the answers

What distinguishes a presidential system from a parliamentary system?

There is a direct election of the president. Signup and view all the answers

In a prime ministerial government, what is the role of the prime minister?

The prime minister sets the government’s agenda and holds significant authority. Signup and view all the answers

Which of the following statements is true about a semi-presidential system?

It features an amalgamation of elements from both presidential and parliamentary systems. Signup and view all the answers

In a parliamentary system, what happens if the prime minister loses parliamentary confidence?

The prime minister must resign or a new government is formed. Signup and view all the answers

Which of the following best describes ministerial government?

Decision-making power is dispersed among individual cabinet members. Signup and view all the answers

What system of government did Italy become under Mussolini from 1922 to 1943?

Totalitarian State Signup and view all the answers

What feature is unique to a presidential system compared to a parliamentary system?

Separation of powers exists between executive and legislative branches. Signup and view all the answers

In which year was universal male suffrage granted in Italy?

1919 Signup and view all the answers

What significant change occurred in Italy following the 1946 referendum?

The abolition of the monarchy Signup and view all the answers

What percentage of the population was able to vote in Italy after the electoral reforms of 1912?

23% Signup and view all the answers

What marked the formal start of the Fascist regime in Italy?

The March on Rome Signup and view all the answers

What was one main characteristic of the government during the Fascist regime?

Dualist form of government Signup and view all the answers

When were both active and passive electoral rights granted to women in Italy?

1946 Signup and view all the answers

What did the modifications in electoral legislation from 1848 to 1948 primarily lead to?

A more representative parliament Signup and view all the answers

What does the theory of the separation of powers aim to prevent?

Concentration of power Signup and view all the answers

Which document is recognized as the foundational constitution in the United States?

U.S. Constitution (1787) Signup and view all the answers

What key principle of EU law allows EU regulations to be applied directly in member states?

Direct effect Signup and view all the answers

What is one of the main features of constitutionalism?

A set of rules superior to ordinary laws Signup and view all the answers

Which organization was founded by the Treaty of London in 1949?

Council of Europe Signup and view all the answers

What clarification did the Italian Constitutional Court make regarding the ECHR?

It does not create a supranational legal system Signup and view all the answers

How are states viewed within the context of constitutional justice?

As equals in the international order Signup and view all the answers

Which of the following is NOT a key milestone in constitutionalism?

Magna Carta (1215) Signup and view all the answers

Study Notes

Legal System Overview

A legal system comprises rules, procedures, and institutions for interpreting and enforcing laws.
It reflects the plurality of legal systems across different communities.

The Modern State Concept

The modern state concept traces back to the Treaty of Westphalia (1648), defining the state by originality and sovereignty.
Originality: Authority stems from internal sources rather than external.
Sovereignty: Governance and legal rule creation for defined territories.

Evolution from Absolute State

Initially, absolute states centralized power in monarchs.
Two forms of constraints evolved to limit monarchs:
- Internal Constraints: Fragmentation of power among regional authorities.
- External Constraints: Growing influence of international organizations.

Key Developments Post-Absolutism

Theory of Separation of Powers: Governance functions divided into legislative, executive, and judicial to avoid power concentration.
Birth of Constitutionalism: Establishes a constitution as a superior legal framework, emphasizing individual rights protection.

Milestones in Constitutionalism

UK: Bill of Rights (1689) - Established clear limits on government power.
USA: Constitution (1787) - Defined federal governance and individual rights.
France: Declaration of the Rights of Man and of the Citizen (1789) - Emphasized civil liberties.

European Legal Context

The EU represents a supranational legal system, capable of limiting state sovereignty.
EU laws have a direct effect, meaning they apply in member states without needing national legislation.
The Council of Europe, founded in 1949, plays a key role but does not create directly applicable supranational laws.

Parliamentary System

Head of government (usually prime minister) is distinct from the head of state.
Variations include:
- Cabinet Government: Decisions made collectively; prime minister serves as first among equals.
- Prime Ministerial Government: Prime minister has significant authority.
- Ministerial Government: Decision-making is decentralized among cabinet members.

Presidential System

A president acts as both head of state and government, with separated powers from the legislature.
The president is directly elected and cannot dissolve parliament, marking a different governance structure.

Semi-Presidential System

Combines parliamentary and presidential elements.
Chamber of Deputies historically elected by limited franchise.
King maintained significant powers, including military command and law veto.

Liberal State Characteristics

Ensures formal equality of citizens under the law.
Constitutional provisions historically granted by monarchs, maintaining sovereign authority.

Italian Legal Evolution (1848-1949)

1848: Introduced a constitutional monarchy with the Albertine Statute.
1861: Unification of Italy, with a constitutional monarchy extending suffrage in stages.
1922-1943: Fascist regime resulted in a totalitarian state, diminishing the monarchy's role.
1946-1949: Abolishment of monarchy and establishment of the Italian Republic; birth of the Italian Constitution in 1948.

Changes in Electoral Legislation (1848-1948)

1848 reforms established a limited parliamentary representation.
Voter rights evolved from 2% to universal male suffrage by 1919.
Women gained electoral rights in 1945 and the ability to run for office in 1946.

Fascist Regime Impact

Post-World War I instability led to the rise of the Fascist Party.
Transition from a constitutional monarchy to a dualist government structure under fascism.
Shift from a liberal to a welfare state model expanded the government’s economic role.

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Prepare for your oral exam on Italian constitutional law within the European context. This quiz covers key concepts from the course materials and important topics relevant to the legal system and forms of state. Ensure you're ready for both your intermediate exams and the final assessment.