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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).
Autonomous regions with special statute [ edit ] Article 116 of the Italian Constitution grants home rule to five regions, namely the Aosta Valley , Friuli-Venezia Giulia , Sardinia , Sicily , and Trentino-Alto Adige/Südtirol , allowing them some legislative, administrative and financial power to a varying extent, depending on their specific ...
In Italian law, the main regulatory body for criminal law is the Italian penal code, which is one of the sources of Italian criminal law together with the Constitution and special laws. [25] The Italian penal code was approved with Royal decree no. 1,398 of 19 October 1930, entered into force on 1 July 1931 [ 26 ] and has been amended several ...
The judiciary of Italy is based on Roman law, the Napoleonic Code and later statutes. It is based on a mix of the adversarial and inquisitorial civil law systems, although the adversarial system was adopted in the appeal courts in 1988. Appeals are treated almost as new trials, and three degrees of trial are present.
The Constituent Assembly must pass laws on the election of the Senate of the Republic, special regional statues, and the law governing the press, before 31 January 1948. Until the day of the election of the new Parliament , the Constituent Assembly can be convened to decide on matters attributed by law to its jurisdiction.
The Statuto Albertino (English: Albertine Statute) was the constitution granted by King Charles Albert of Sardinia to the Kingdom of Sardinia on 4 March 1848 and written in Italian and French. The Statute later became the constitution of the unified Kingdom of Italy and remained in force, with changes, until 1948. [1]
In the special statute was provided for the establishment of a High Court established in Rome appointed to ensure compliance with the limits of the different powers of the Region and State and the principles enshrined in the Constitution. The High Court, with one major ruling of July 19, 1948, enshrined the principle of the immutability of the ...
The Consiglio di Stato ('Council of State') is a legal-administrative consultative body that ensures the legality of public administration in Italy.The council has jurisdiction over acts of all administrative authorities, except when these authorities lack discretionary power, in which case the dispute is considered to be one of civil law.