Public Law Course - Chapter 7 Summary

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Questions and Answers

What is the primary purpose of Special Committees?

To maintain the Chamber's internal rules.

To investigate public issues with judicial powers.

To review specific bills on a temporary basis. (correct)

To amend the Constitution following specific procedures.

Which of the following correctly describes Committees of Enquiry?

They examine public issues but do not make final judgments. (correct)

They have the authority to create new laws.

They function without any investigative powers.

They are established to oversee parliamentary elections.

Which function of the Parliament includes using motions and resolutions?

Political Direction (correct)

Committee Function

Legislative Function

Information and Control

What is a motion in the context of parliamentary procedure?

A document discussing the government's actions that is voted on. Signup and view all the answers

Which chamber-related example is NOT a type of committee mentioned?

Sub-Committees Signup and view all the answers

What is the Committee for Elections and Parliamentary Immunity primarily responsible for?

Addressing judiciary regulations for actions involving MPs. Signup and view all the answers

How does the Parliament gather information for monitoring government actions?

Via formal interrogations. Signup and view all the answers

Which Article allows Parliament to amend the Constitution?

Art. 138 Signup and view all the answers

What significant political change occurred in Italy in 1919?

Introduction of universal male suffrage Signup and view all the answers

What was the primary purpose of the 'Legge Acerbo' implemented by Mussolini?

To ensure Fascist dominance in Parliament Signup and view all the answers

Which political factions supported the establishment of a parliamentary system in Italy post-World War II?

Communists, Socialists, and Catholics Signup and view all the answers

What was a significant result of the Italian government's transition to a parliamentary system?

Increased political fragmentation Signup and view all the answers

What allowed Mussolini to rise to power in 1922?

The king's intervention during a political crisis Signup and view all the answers

Before universal suffrage, who primarily represented the Italian Parliament?

Elites and privileged classes Signup and view all the answers

What system did Italy adopt to prevent a repeat of past governmental issues?

A parliamentary system with minimal checks Signup and view all the answers

What triggered the enforcement of the new electoral law in Italy in 1924?

Mussolini's consolidation of power Signup and view all the answers

Which voting system did the Italian lawmakers opt for to support democracy?

Proportional voting system Signup and view all the answers

Which event marked the start of Mussolini's authoritarian regime in Italy?

The March on Rome Signup and view all the answers

What happened to the 'Cheating Law' after the 1953 election?

It was repealed due to the coalition's failure to meet the threshold Signup and view all the answers

What characterized Italy’s government from 1948 to 1994?

Instability with frequent government changes Signup and view all the answers

During the early years of the Italian Republic, which parties dominated the political landscape?

Christian Democrats and Communists Signup and view all the answers

How many governments did Italy experience in just nine legislative sessions from 1948 to 1994?

42 governments Signup and view all the answers

Why were far-left and far-right parties kept out of governing coalitions in Italy?

To maintain control within the center and promote stability Signup and view all the answers

What was the primary issue with Italy's political reforms starting in the 1980s?

They continually failed to achieve stability Signup and view all the answers

What type of accountability allows government members to be held liable for harm caused in their official duties?

Legal Accountability Signup and view all the answers

Which statement about the President of the Republic of Italy is true?

The President represents national unity and stability. Signup and view all the answers

What is a requirement for becoming the President of the Republic of Italy?

Being a citizen and enjoying civil and political rights Signup and view all the answers

What is the purpose of a no-confidence vote in the context of political accountability?

To remove the government from office Signup and view all the answers

How is the President of the Republic of Italy elected?

By Parliament in joint session and regional representatives Signup and view all the answers

What power does the President of the Republic have in relation to Parliament?

To dissolve Parliament under certain conditions Signup and view all the answers

What happens if the President of the Republic is unable to perform their duties?

The President of the Senate carries out the duties. Signup and view all the answers

Since 1994, how has the role of the President of the Council of Ministers in Italy changed?

The role has gained more prominence due to electoral changes. Signup and view all the answers

What is the primary role of Justices of the Peace?

To adjudicate first-instance cases based on civil case value or offense type Signup and view all the answers

What function does the Court of Cassation perform regarding the decisions from lower courts?

It verifies the correct interpretation and application of the law Signup and view all the answers

Which court adjudicates disputes involving public authorities in Italy?

Regional Administrative Court (TAR) Signup and view all the answers

What is the significance of 'res judicata' in the judicial process?

It indicates a decision has become final due to time limits on appeals Signup and view all the answers

What is one of the key functions of the Public Prosecutor in Italy?

Initiating criminal proceedings as mandated by law Signup and view all the answers

What does the term 'nomophilacy' refer to in the context of the Court of Cassation?

The uniform interpretation of the law at a national level Signup and view all the answers

How has the role of the judiciary evolved in the modern Italian State?

From enforcing laws to actively protecting citizens' rights Signup and view all the answers

What type of cases do Military Courts address during times of peace?

Military offenses committed by armed forces personnel Signup and view all the answers

What is one power of the President of the Republic regarding the government structure?

To dissolve the Chambers for any reason Signup and view all the answers

Under what condition can the President of the Republic be impeached?

For serious crimes Signup and view all the answers

What ensures that the President's actions are valid?

Countersignature by a minister Signup and view all the answers

Which type of act is where the minister confirms the action taken by the President?

Formally presidential but essentially governmental acts Signup and view all the answers

What role does the Constitutional Court play in the modern constitutional state?

To ensure laws follow the Constitution Signup and view all the answers

Which of the following is an example of a complex act by the President?

Dissolving Parliament Signup and view all the answers

What is a key feature of institutions of guarantee in the constitutional state?

They explain their reasoning clearly and apply the law Signup and view all the answers

What principle is the modern constitutional state based on regarding decision-making?

Majority rule is applied Signup and view all the answers

Study Notes

Public Law Course Summary

The course summary is for the second part of a Public Law course taught by Professor Tania Groppi.

Chapter 7 - Forms of Government

"Form of government" describes how political power is shared among a country's institutions.
Constitutions limit excessive power in any government branch.
Forms of government classify based on constitutional rules, regulations (e.g., electoral laws), and actual practices.
Power separation (legislative, executive, judicial) is a key element in classifying forms.
Historical examples include constitutional monarchy (UK, late 17th century) where the monarch shared power with Parliament and independent judges; and continental monarchies (France, Belgium, Germany) where power sharing took longer.
Parliaments often had two chambers, one elected and one appointed, and judicial independence was often limited.

Chapter 7 - Box 27 - Government

"Government" can refer to all parts of the state.
Alternatively, "Government" refers to specific institutions directing the state in political matters.
"Government" can also specifically refer to the executive branch portion of a state, often called the Cabinet in parliamentary systems.

Chapter 7 - The Parliamentary Form of Government

Evolved from constitutional monarchy.
Defined by a relationship of trust between the government and parliament.
Key elements:
Independence from monarchy
Dual confidence (in monarch and Parliament, but power shifting to Parliament; monarch's power diminishing)
Challenges with broader representation (voting rights expansion increased political diversity, making government stability more difficult)
"Rationalized" parliamentarism(constitutions creating better relationships between government bodies, making stability easier).
Impact of party systems (stability varies according to parties).

Chapter 7 - The Presidential Form of Government

Emerged in the late 18th century, notably in the United States.
Key elements:
Single executive leader (President, Head of State and Government, with democratic legitimacy and independence from parliament).
No confidence requirement (President elected by the public, no need for votes from Congress).
Checks and balances (to prevent abuses of power).
Presidential veto (overriding possibility).
Divided Government and “Lame Duck.” (differences between parties can make it hard to create policy).

Chapter 7 - The Semi-Presidential Form of Government

Combines elements of parliamentary and presidential systems.
Key elements:
Dual executive structure (President elected by the people vs. Prime Minister, head of the Cabinet, accountable before Parliament).
Flexible balance of power (President's power varies depending on party control of Parliament.
Cases of 'cohabitation' occur when different political parties control the presidency and parliament.

Chapter 7 - The Directorial Form of Government

Distributes power among a small group, like a council ("Directory" or "Council"), instead of a single figure.
Power is not concentrated to one person.
Example: Swiss model.

Chapter 7 - The Prime Ministerial Form of Government

A mixed system where the head of the executive is elected directly and still needs to maintain the confidence of the legislature.

Chapter 8 - The Origins of Italian Government (from the Kingdom of Italy to Fascism)

Overview of the evolution of Italian government from the 19th century.
Italy began as a constitutional monarchy evolving into a parliamentary system by 1861.
The king had a say in who led the government.
Political crises allowed the king to regain control (e.g., 1922 appointment of Mussolini).
Voting reforms and broadened political participation (1919) contributed to changes in political structure.
The rise of the Fascist party and Mussolini, culminating in his appointment in 1922, ultimately brought about a change in Italy's government.

Chapters 9-11

Detail of the structure, roles, procedures, and principles of the Italian political system.
Overview of branches of government, legislative powers, procedures for making laws, and the role of the judiciary.
Addresses how the Italian system handles international and European law.
Discusses legislative delegation and legislative decrees.

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Description

Explore the key concepts of Chapter 7 in the Public Law course taught by Professor Tania Groppi. This chapter delves into various forms of government, the separation of powers, and historical examples of constitutional arrangements. Understand how different governments share political power among institutions and the implications of constitutions on governance.