Constitution of Italy

The Constitution of the Italian Republic (Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. 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 Italian Civil War. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted. Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World War II and the formation of the Italian constitution: If you want to go on a pilgrimage to the place where our constitution was created, go to the mountains where partisans fell, to the prisons where they were incarcerated and to the fields where they were hanged. Wherever an Italian died to redeem freedom and dignity, go there, young people, and ponder: because that was where our constitution was born. 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. So the Constitution doesn't follow the concept of separation of powers as conceived by major figures of the Enlightenment like Kant and Montesquieu, and incorporates mechanisms to protect the needs of governmental stability while avoiding any degeneration of parliamentarism.

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Related concepts (111)

Pardon

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them.

Ex post facto law

An ex post facto law is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the Statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

State of emergency

A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.