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The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) was ratified on 22 December 1947 by the Constituent Assembly, with 453 votes in favour and 62 against, before coming into force on 1 January 1948, one century after the previous Constitution of the Kingdom of Italy had been enacted. [1]
With article 48 of the constitution, which guarantees the right to vote, the people exercise their power through their elected representatives in the parliament. [2] The Italian Parliament has a bicameral system, and consists of the Chamber of Deputies and the Senate of the Republic, elected every five years.
The political system of Italy. The Italian constitution is the result of the work of the Constituent Assembly, which was formed by the representatives of all the anti-fascist forces that contributed to the defeat of Nazi and Fascist forces during the liberation of Italy. [6] Article 1 of the Italian constitution states: [7]
A constitutional law, in the Italian legal system, is an Act of Parliament that has the same strength as the Constitution of Italy.This means that in case of conflicts between the Constitution and a constitutional law, the latter normally prevails, according to the legal principle that "a later law repeals an earlier law" (lex posterior derogat priori).
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The law of Italy is the system of law across the Italian Republic. The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source (hierarchy of sources). [1] The Constitution of 1948 is the main source. [2]
The Constitutional Court is composed of 15 judges for the term of service of nine years: 5 appointed by the President, 5 elected by the Parliament of Italy [3] and 5 elected by the ordinary and administrative supreme courts. Of those elected by the supreme courts, 3 are elected by the Supreme Court of Cassation (penal and civil justice), one is ...
A referendum, in the Italian legal system is a request directed to the whole electorate to express their view on a determined question. It is the main instrument of direct democracy in Italy. [1] The Constitution of Italy only provides for four types of legally binding referendums: [2]