The Constitution of the Italian Republic Italian : Costituzione della Repubblica Italiana was enacted by the Constituent Assembly on 22 Decemberwith votes in favour and 62 against. The text, which has since been amended sixteen times[ citation needed ] was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December The election was held in all Italian provinces. Piero Calamandreia professor of law, an authority on civil procedure, spoke in about World War II and the formation of the Italian constitution:.
Bill of Rights of the United States of America (1791)
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 spectrumwith the prevalence of three major groups, namely christian democraticsliberals and leftists. All these groups were deeply anti-fascistso there was general agreement against an authoritarian constitution, [4] putting more emphasis on the legislative power and making the executive power dependent on it.
All the different political and social views of the Assembly contributed in shaping and influencing the final text of the Constitution. For example, constitutional protections concerning marriage and the family reflect natural law themes as viewed by Roman Catholicswhile those concerning workers' rights reflect socialist and communist views. This has been repeatedly described as the constitutional compromise, [6] and all the parties that shaped the Constitution were referred to as the arco costituzionale literally, " Constitutional Arch ". There were members of the Constituent Assembly, of which 21 were women, with 9 from the Christian Democratic group, 9 from the Communist group, 2 from the Socialist group, and 1 from the Common Man's group. The Constitution [8] is composed of articles five of which were later abrogated and arranged into three main parts: Principi Fondamentalithe Fundamental Principles continue reading 1—12 ; Part I concerning the Diritti e Doveri The Freedom And Full Citizenship Of All Cittadinior Rights and Duties of Citizens articles 13—54 ; and Part II the Ordinamento della Repubblicaor Organisation of the Republic articles 55— ; followed by 18 Disposizioni transitorie e finalithe Transitory and Final Provisions.
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It is important to note that the Constitution primarily contains general principles; it is not possible to apply them directly. As with many written constitutions, only few articles are considered to be self-executing. The majority require enabling legislation, referred to Frfedom accomplishment of constitution. The preamble to the Constitution consists of the enacting formula :.
The Fundamental Principles declare the foundations on which the Republic is established, starting with its democratic naturein which the sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the Constitution. The Principles [8] recognise the dignity of the person, both as an individual and in social groups, expressing the notions of solidarity and equality without distinction of sex, race, language, religion, political opinion, personal and social conditions.
The Bill of Rights – Text
The Freedom And Full Citizenship Of All For this purpose, the right to work is also recognized, with labour considered the foundation of the Republic and a mean to achieve individual and social development: every citizen has a duty to contribute to the development of the society, as much as they can, and the Government must ensure the freedom and equality of every citizen. While the Principles recognise the territorial integrity of the Republic, they also recognise and promote local autonomies and safeguard linguistic minorities. They also promote scientific, technical and cultural developmentand safeguard the environmental, historical and artistic heritage of the nation.
The State and the Catholic Church are recognised as independent and sovereigneach within its own sphere. Freedom of religion is also recognised, with all religions having the right of self-organisation, as long as they don't conflict with the law, and the possibility to establish a relation with the State through agreements. In particular, Article 7 recognises the Lateran Treaty ofwhich gave a special status to the Catholic Churchand allows modification to such treaty without the need of constitutional amendments.
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In fact, the treaty was later modified by a new agreement between church and state in The Principles mention the international law and the rights of the foreigner, in particular the right of asylum for people The Freedom And Full Citizenship Of All are denied in their home country the freedoms guaranteed by the Italian Constitution, or who are accused of political offences. They also repudiate war of aggression and promote and encourage international organisations aimed to achieve peace and justice among nations, even agreeing to limit sovereigntyFlul condition of equality with other countries, if necessary to achieve these goals. The last of Akl Principles establishes the Italian tricolour as the flag of Italy : green, white and red, in three vertical bands of equal dimensions.
Articles 13—28 are https://amazonia.fiocruz.br/scdp/blog/gregorys-punctuation-checker-tool/the-portrayal-of-characters-and-their-surroundings.php Italian equivalent of a bill of rights in common law jurisdictions. The Constitution [8] recognises habeas corpus and the presumption of innocence ; violations of personal libertiesproperties and privacy are forbidden without an order of the Judiciary stating a reasonand outside the limits imposed by the law.
Every citizen is free to travelboth outside and inside the territory of visit web page Republicwith restrictions granted Andd law only for possible health and security reasons. Citizens have the right to freely assembleboth in private and public places, peacefully and unarmed. Notifications to the authorities is required only for large meetings on public The Freedom And Full Citizenship Of All, which might be prohibited only for proven reason of security or public safety. The Constitution recognises the freedom of https://amazonia.fiocruz.br/scdp/blog/purdue-owl-research-paper/indifference-in-night-by-elie-wiesel.phpwithin the limits of criminal law.
Secret associations and organisations having military character are forbidden. Freedom of expressionpress and religion are guaranteed in public places, except for those acts which are considered offensive by public morality.
For example, hate speechcalumny and obscenity in the public sphere are considered criminal offences by Feedom Italian Criminal Code. Every citizen is protected from political persecution and cannot be subjected to personal or financial burden outside of the law. The right to a fair trial is guaranteed, with everyone having the right to protect their rights regardless of their economic status.]
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