Italy Politics

The Italian state took on the name of the Kingdom of Italy by the law of 17 March 1861, n. 4671, which conferred the title of King of Italy on King Vittorio Emanuele II and his successors. However, according to the prevailing opinion among jurists, it should not be considered as a new state, formed following the merger of the various states that previously existed in the peninsula, but as the continuation of the Kingdom of Sardinia, which from hand to hand has enlarged its borders with subsequent annexations.

This explains why the fundamental constitution of Italy is still the statute bestowed by King Carlo Alberto to the peoples of the Sardinian Kingdom on March 4, 1848, which was subsequently extended to the annexed territories without the need for specific laws, but with a simple publication, which in some provinces, such as Umbria, it hasn’t even happened. Drafted on the French charter of 1830, in turn informed by the English legal systems, the statute, although a constitution bestowed by the monarch, is, by its content, a true law. Indeed, in its preamble, it is described as the “fundamental, perpetual and irrevocable law of the monarchy”.

However, despite these last two qualifications, the statute is by no means to be considered immutable. Indeed, not only can the rules of the statute be revoked or changed by virtue of custom, as has in fact happened for some of them, but they can also be, and have been modified in several places by the parliament, never having considered it necessary, to make this, to create a special constituent power or a special procedure for the reform of the constitution or for the so-called constitutional laws (except now the obligation for the government, enshrined in the law on the Grand Council of Fascism, to seek the opinion of the Grand Council itself on the bills relating to several matters affecting the statute). The Italian is therefore not a rigid constitution, but an elastic one.

Not all, therefore, Italian public law is included in the statute: many very important and fundamental laws, which have given a new structure to constitutional institutions or have created others, have been added: it is enough to mention those on the head of government, on the Grand Council of the fascism, on the right of the executive power to issue juridical norms, on the corporative order, etc. The most profound transformation in constitutional institutions was brought about, after the statute, by the advent of fascism in power. If the form has not been substantially modified, the intimate transformation has instead been enormous, since the conception and social structure on which the Italian constitution was based in the past have changed.

First of all, by repudiating the fundamental principles of democratic liberalism, fascism has replaced the state of abstraction with the state as a concrete manifestation of will, power and authority, outside of which neither individuals nor groups can exist and has strengthened prestige and powers. of the government and the prime minister. Again, fascism has brought into public life an original and very powerful element, the corporative one, as regards the liberal and socialist conceptions of the law of individuals and classes isolated in the state (which made their anti-state or at least extra-state activity possible). replaced the typically fascist law of individuals and classes only as parts of the nation organized on a corporate basis and created a national syndicalism, giving the trade union bodies regulatory and tax faculties, as well as the representation of the respective social groups, which manifests itself and also operates in the formation of administrative and political bodies and reaches its most significant expression in the competition for the formation of the Chamber of Deputies. Thus, with the Labor Charter, fascism has laid a new foundation for the nation conceived as a solid bundle of productive forces, and, with the National Council of Corporations, it has created a central organ of control and direction of economic and social life. of the state. which manifests itself and also operates in the formation of administrative and political bodies and reaches its most significant expression in the competition for the formation of the Chamber of Deputies. Thus, with the Labor Charter, fascism has laid a new foundation for the nation conceived as a solid bundle of productive forces, and, with the National Council of Corporations, it has created a central organ of control and direction of economic and social life. of the state. which manifests itself and also operates in the formation of administrative and political bodies and reaches its most significant expression in the competition for the formation of the Chamber of Deputies. Thus, with the Labor Charter, fascism has laid a new foundation for the nation conceived as a solid bundle of productive forces, and, with the National Council of Corporations, it has created a central organ of control and direction of economic and social life. of the state.

Italy Politics