Costitution of Italy1st step: Monarchy was abolished and the Constituent Assembly was elected by universal suffrage on 2 June 1946 (men and women could vote for the first time)

2nd step :The Italian Constitution was enacted by the Constituent Assembly on 22 December 1947

3rd step : The Constitution came into force on 1 January 1948, one century after the Statuto Albertino was enacted

4th step: The Constitution forbade the male descendants of the royal family from entering the territory of the Republic (repealed in 2002)

The Constitutional compromiseThe constitutional compromise:The three tendencies:solidaristic christian democraticliberal left-wingThey enlivened debate in the Assembly and wanted to insert something reflecting their values in the ConstitutionEXAMPLES1) marriage and the family solidaristic Christian democratic2) workers' rights communism and socialism They reached an agreement on one point:•NO DICTATOR SHOULD HAVE TYRANNIZED ON THE COUNTRY

The Constitution’s structure

The Constitution is composed of 139 articles and arranged into three main parts:

1st: Fundamental Principles (articles 1–12)2nd: Rights and Duties of Citizens (articles 13–54)3rd: Organisation of the Republic (articles 55–139),followed by 18 Transitory and Final Provisions

Power is divided among :• the executive• the legislative • judicial branches

The Constitution establishes the balancing and interaction of these branches

Revisions to the 1948 Costitution Parliamentary Commissions have been convened to review the 1948 text particulaly Part II.In each instance the necessary political consensus for change was lacking.

Three Parliamentary Commissions have been convened in:

1983–1985

1992–1994

1997–1998

Amendments

The text of the Constitution has been amended 14 times:

Article 48 Article 51

Article 56, 57 & 60 Article 68

Article 79 Article 88

Article 96 Article 114 to 132

Article 134 & 135 Article 10 and 26

IMPORTANT AMENDMENTS

parliamentary representation of Italians living abroad

the devolution of powers to the Regions

the direct election of Regional Presidents, and guarantees of fair trials in courts

the limitation of the civil rights of the male descendants of the House of Savoy

participation in politics

no death penalty was ever sentenced and the capital punishment was canceled from military laws

Article 48 (postal voting)The law defines the conditions under which the citizens living abroad can exercise their electoral right.

A constituency of Italians abroad is establishedfor election of the Houses of Parliament

the number of seats of such constituency is set forth in a constitutional provision and in accordance with criteria established by law.

Article 51 (women's participation)

Citizens of one or the other sex are eligible for public offices and for elective positionsunder equal conditions, according to the rules established by law. To this end, theRepublic adopts specific measures in order to promote equal chances for men andwomen.

Article 56, 57 & 60

•The Chamber of Deputies is elected by direct and universal suffrage.•The number of Deputies is six hundred and thirty, twelve of which are elected in the Overseas Constituency.

•The Senate of the Republic is elected on a regional basis.The number of Senators to be elected is three hundred and fifteen, six of which are elected in the Overseas Constituency.

•The Chamber of Deputies and the Senate of the Republic are elected for five years.•The term for each House cannot be extended, except by law and only in the case of war.

Article 68 (indemnity and immunity of members of Parliament)

•Members of Parliament cannot be held accountable for the opinions expressed or votes cast in the performance of their function.

•Without the authorisation of their respective House, Members of Parliament may not be submitted to personal or home search, nor may they be arrested or otherwise deprived of their personal freedom.

•The same authorisation is required for Members of Parliament to be submitted to the surveillance of their conversations or communication, in any form, and to the seizure of their correspondence.

Article 79 (amnesties and pardons)

The law granting an amnesty or pardon establishes the deadline for its implementation.

Amnesty and pardon cannot in any case apply to offences committed following the introduction ofthe bill in Parliament.

Article 88 (dissolution of the Houses of Parliament)

The President of the Republic, having heard the Presidentsof the Houses, may dissolve Parliament or even only one House.

The President of the Republic cannot exercise said right during the last six months of the presidential mandate, unless said period coincides in full or in part withthe last six months of Parliament.

Article 96 (impeachment)

The President of the Council of Ministers and the Ministers, even if they resign from office, are subject to normal justice for crimes committed in the exercise of their duties, provided authorisation is given by the Senate of the Republic or the Chamber of Deputies, in accordance with the norms established by Constitutional Law.

Article 114 to 132 (Regions, Provinces and Municipalities in its entirety)

The Republic is composed of the Municipalities, the Provinces, the Metropolitan Cities, the Regions and the State.

Municipalities, provinces, metropolitan cities and regions are autonomous entities having their own statutes, powers and functions in accordance with the principles laid down in the Constitution.

Article 134 & 135 (composition and length of term of the Constitutional Court)

The Constitutional Court shall pass judgement on:

•controversies on the constitutional legitimacy of laws and enactments having the force of law issued by the State and the Regions;

•conflicts arising from allocation of powers of the State andthose powers allocated to State and Regions, and between Regions;

•accusations made against the President of the Republicand the Ministers, according to the provisions of the Constitution

Article 10 and 26

Articles were integrated by a constitutional provision which established that their last paragraphs which forbid the extradition of a foreigner for political offences do not apply in case of crimes of genocide.