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Concept
Constitution of Italy
Summary
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.
Official source
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