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?

<p>A document discussing the government's actions that is voted on. (D)</p> Signup and view all the answers

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

<p>Sub-Committees (C)</p> Signup and view all the answers

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

<p>Addressing judiciary regulations for actions involving MPs. (D)</p> Signup and view all the answers

How does the Parliament gather information for monitoring government actions?

<p>Via formal interrogations. (A)</p> Signup and view all the answers

Which Article allows Parliament to amend the Constitution?

<p>Art. 138 (A)</p> Signup and view all the answers

What significant political change occurred in Italy in 1919?

<p>Introduction of universal male suffrage (B)</p> Signup and view all the answers

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

<p>To ensure Fascist dominance in Parliament (C)</p> Signup and view all the answers

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

<p>Communists, Socialists, and Catholics (D)</p> Signup and view all the answers

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

<p>Increased political fragmentation (B)</p> Signup and view all the answers

What allowed Mussolini to rise to power in 1922?

<p>The king's intervention during a political crisis (C)</p> Signup and view all the answers

Before universal suffrage, who primarily represented the Italian Parliament?

<p>Elites and privileged classes (C)</p> Signup and view all the answers

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

<p>A parliamentary system with minimal checks (C)</p> Signup and view all the answers

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

<p>Mussolini's consolidation of power (D)</p> Signup and view all the answers

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

<p>Proportional voting system (C)</p> Signup and view all the answers

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

<p>The March on Rome (C)</p> Signup and view all the answers

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

<p>It was repealed due to the coalition's failure to meet the threshold (C)</p> Signup and view all the answers

What characterized Italy’s government from 1948 to 1994?

<p>Instability with frequent government changes (A)</p> Signup and view all the answers

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

<p>Christian Democrats and Communists (C)</p> Signup and view all the answers

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

<p>42 governments (D)</p> Signup and view all the answers

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

<p>To maintain control within the center and promote stability (C)</p> Signup and view all the answers

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

<p>They continually failed to achieve stability (D)</p> Signup and view all the answers

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

<p>Legal Accountability (C)</p> Signup and view all the answers

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

<p>The President represents national unity and stability. (D)</p> Signup and view all the answers

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

<p>Being a citizen and enjoying civil and political rights (D)</p> Signup and view all the answers

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

<p>To remove the government from office (A)</p> Signup and view all the answers

How is the President of the Republic of Italy elected?

<p>By Parliament in joint session and regional representatives (A)</p> Signup and view all the answers

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

<p>To dissolve Parliament under certain conditions (B)</p> Signup and view all the answers

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

<p>The President of the Senate carries out the duties. (A)</p> Signup and view all the answers

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

<p>The role has gained more prominence due to electoral changes. (A)</p> Signup and view all the answers

What is the primary role of Justices of the Peace?

<p>To adjudicate first-instance cases based on civil case value or offense type (B)</p> Signup and view all the answers

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

<p>It verifies the correct interpretation and application of the law (C)</p> Signup and view all the answers

Which court adjudicates disputes involving public authorities in Italy?

<p>Regional Administrative Court (TAR) (A)</p> Signup and view all the answers

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

<p>It indicates a decision has become final due to time limits on appeals (A)</p> Signup and view all the answers

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

<p>Initiating criminal proceedings as mandated by law (A)</p> Signup and view all the answers

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

<p>The uniform interpretation of the law at a national level (A)</p> Signup and view all the answers

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

<p>From enforcing laws to actively protecting citizens' rights (C)</p> Signup and view all the answers

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

<p>Military offenses committed by armed forces personnel (D)</p> Signup and view all the answers

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

<p>To dissolve the Chambers for any reason (A)</p> Signup and view all the answers

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

<p>For serious crimes (C)</p> Signup and view all the answers

What ensures that the President's actions are valid?

<p>Countersignature by a minister (D)</p> Signup and view all the answers

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

<p>Formally presidential but essentially governmental acts (D)</p> Signup and view all the answers

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

<p>To ensure laws follow the Constitution (B)</p> Signup and view all the answers

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

<p>Dissolving Parliament (C)</p> Signup and view all the answers

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

<p>They explain their reasoning clearly and apply the law (C)</p> Signup and view all the answers

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

<p>Majority rule is applied (A)</p> Signup and view all the answers

Flashcards

Italy's 19th-century government

Evolved from a constitutional monarchy to a parliamentary system by 1861, giving the elected Chamber more power over the appointment of government leaders.

King's role in crisis

The king could regain control during major political crises, as seen in Mussolini's appointments in 1922 and 1943.

Early 20th-century Italian voting

Voting rights were limited, mainly representing elites before 1919.

1919 voting reform

Universal male suffrage was introduced, increasing public participation and allowing mass-based political parties.

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Proportional voting system

Introduced in 1919, this system supported the rise of significant parties based on popular support.

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Fascist Party's rise

Gained power in Italy between 1919 and 1922, leveraging governmental instability and political maneuvering.

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Legge Acerbo and elections

A new election law in 1924 giving the party with a majority of votes over 25% of national votes almost total control over the parliament.

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Post-WWII Italian government

Italy chose a parliamentary system supported by major parties, rejecting the instability of the past.

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Italian Parliamentary System

A parliamentary system in Italy, characterized by weaker regulations compared to other countries like Germany or Spain.

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Weakly Rationalized Parliamentary Form of Government

Italian government system with relatively weak constraints on the government's power in a parliamentary setting. It has fewer checks on government decision-making.

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First Republic (Italy)

The period in Italian history from 1948 to 1994.,marked by political instability and numerous changes in Italian governments.

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"Cheating Law" (1953)

Italian law that was designed to allocate extra seats to parties based on the total collected votes, but soon was repealed due to election result not matching expectations.

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Political Instability (Italy)

Extreme changes in Italian government during the First Republic (1948-1994) related to issues outside of parliamentary votes.

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Christian Democrats (DC)

A major political party in Italy after WWII, holding significant power in the early years of the first republic, winning nearly half the votes in the first post-constitution election.

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Multiparty System

A political system where multiple parties exist and compete for power, creating high political instability, which was prominent in Italy during the First Republic.

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Special Committees

Temporary committees formed to review specific bills, established in one or both Chambers.

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Committees of Enquiry

Committees with investigative powers, similar to a court, but without final judgments. They examine public issues and are appointed by one or both Chambers.

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Select Committees

Permanent committees focusing on maintaining the Chamber's internal rules and independence. Examples include the Committee on Rules and the Committee for Elections and Parliamentary Immunity.

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Legislative Function

Parliament's activities related to producing or helping produce legal norms, including laws and constitutional amendments.

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Political Direction

Parliament's active role in guiding the government, using motions, resolutions, and recommendations.

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Motions

Documents concerning the government's actions, discussed and voted on, with the government obligated to follow the approved outcome.

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Resolutions

Similar to motions, proposed by individual members, offering guidance to the government on specific issues.

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Recommendations

Accompany main documents like bills, clarifying how the government should interpret or apply them.

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Legal Accountability

Government officials can be held legally responsible for their actions, even after leaving office.

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Political Accountability

Government must maintain public trust and can be removed by a vote of no confidence in Parliament.

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President of the Council of Ministers

A powerful figure in Italian politics who acts as the leader of the winning coalition party.

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President of the Republic

Italy's Head of State, responsible for ensuring constitutional order and promoting national unity.

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President's Role in Political Disputes

The President acts as a mediator in political disagreements and ensures the constitution is upheld.

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President's Election

Elected by Parliament in a joint session with regional representatives, the election is secret and requires a candidate to be over 50 years old.

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President's Term Length

The President serves a seven-year term, ensuring independence from frequent changes in government.

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President's Powers

The President has broad powers, including approving laws, appointing officials, and dissolving Parliament in certain situations.

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Countersignature

A Minister's signature on a Presidential act, making the Government responsible for the President's actions.

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President's Accountability

The President is not personally liable for their actions, but can be impeached for serious crimes decided by the Constitutional Court.

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Institutions of Guarantee

Independent bodies, like the Constitutional Court and Judiciary, that protect rights and rules, free from political influence.

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Constitutional Court's Role

Ensures that all laws comply with the Italian Constitution.

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Judiciary's Independence

The Judiciary, which resolves disputes, is increasingly independent from political interference.

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Why are institutions of Guarantee Important?

They protect individual rights and ensure that rules remain consistent regardless of political changes.

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What are the Key Institutions of Guarantee?

The Constitutional Court and the Judiciary are crucial to ensure the stability and fairness of Italy's legal system.

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First Instance Courts

These courts handle initial cases, like Justices of the Peace, and decide based on the case's value or type of offense.

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Courts of Appeal

These courts review decisions made by lower courts. They handle appeals for both civil and criminal cases.

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Court of Cassation

This is the highest court in Italy and has final authority. It ensures the law was interpreted correctly.

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Nomophilacy

This function of the Court of Cassation ensures all courts across the country interpret laws consistently.

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Regional Administrative Court (TAR)

This court handles disputes involving public authorities. It's the first instance court in this type of case.

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Council of State

This court is the second instance for cases involving public authorities. Its decisions are final.

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Public Prosecutor

This individual is part of the judiciary and has the obligation to initiate criminal proceedings.

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Judicial Shift in Italy

The Italian judiciary has moved from simply enforcing laws to actively protecting citizens' rights.

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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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