Malcolm Rivera
The Italian Republic has a written constitution, which was ratified on 22 December 1947 and came into force on 1 January 1948. The Constitution of Italy established a parliamentary system of government with two elected houses, the Chamber of Deputies and the Senate. It has since been amended sixteen times. The Italian Constitution includes articles that are equivalent to a bill of rights, such as the recognition of habeas corpus and the presumption of innocence, as well as the freedom to assemble and the freedom of association.
| Characteristics | Values |
|---|---|
| Date of ratification | 22 December 1947 |
| Date of enforcement | 1 January 1948 |
| Number of amendments | 16 |
| Type of government established | Parliamentary system with two elected houses (Chamber of Deputies and Senate) |
| Rights recognised | Habeas corpus, presumption of innocence, freedom of assembly, freedom of association, freedom of travel, freedom of religion, freedom to strike, freedom to establish trade unions, freedom to associate in political parties |
| Duties of citizens | Defence of the homeland, loyalty to the Republic, progressive taxation |
| Duties of elected officials | Fulfil functions with discipline and honour |
| Other provisions | Regions have autonomy, the Republic shall promote the development of culture and safeguard historical and artistic heritage |
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What You'll Learn
The Constitution was ratified in 1947
Italy has a written constitution, which was ratified on 22 December 1947, and came into force on 1 January 1948. The Constitution of the Italian Republic (Italian: "Costituzione della Repubblica Italiana") was approved by the Constituent Assembly with 453 votes in favour and 62 against. The Constituent Assembly was elected by universal suffrage on 2 June 1946, the same day as the referendum on the abolition of the monarchy. The Assembly was formed by representatives of all the anti-fascist forces that contributed to the defeat of Nazi and Fascist forces during the liberation of Italy.
The Italian Constitution has been amended sixteen times since its ratification. It was promulgated in an extraordinary edition of the Gazzetta Ufficiale on 27 December 1947. The Constitution established a parliamentary system of government with two elected houses: the Chamber of Deputies and the Senate. It outlines the rights and duties of Italian citizens and the structure and functions of the Italian government and its regions.
Articles 13–28 of the Constitution are the Italian equivalent of a bill of rights in common law jurisdictions. They guarantee habeas corpus and the presumption of innocence. Violations of personal liberties, properties, and privacy are forbidden without a judicial order and within the limits imposed by law. Citizens have the right to freedom of assembly and association, as well as the freedom to travel within and outside the territory of the Republic, with restrictions granted only by law for health and security reasons.
The Constitution also establishes a progressive form of taxation, requiring every citizen to contribute to public expenditure according to their capability. It outlines the defence of the homeland as a "sacred duty" for every citizen and stipulates that national service is to be performed within the limits set by law. It grants all citizens the right to associate freely in political parties and contribute to the determination of national policy. The Constitution also recognises free enterprise, provided it does not damage the common good, safety, liberty, human dignity, health, or the environment.
The ratification of the Italian Constitution in 1947 was a significant step in the country's post-war transition to a democratic republic and the protection of the rights and freedoms of its citizens.
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Freedom of association and peaceful assembly
Italy has a written constitution, which was ratified on 22 December 1947 and came into force on 1 January 1948. The Italian Constitution recognises the freedom of association and peaceful assembly.
Articles 13–28 of the Constitution are the Italian equivalent of a bill of rights in common law jurisdictions. Article 17 of the 1948 Constitution states that "citizens have the right to assemble peaceably and unarmed". Citizens have the right to freely assemble in private and public places, as long as they are unarmed and peaceful. The Constitution also recognises the freedom of association within the limits of criminal law. This includes the right to form and join trade unions, which may be established without obligations, except for registration and requirements such as internal democratic structures. Registered trade unions have legal recognition and can enter into collective labour agreements that are mandatory for all persons belonging to the categories referred to in the agreement.
The right to peaceful assembly is generally respected in Italy. However, legislation dating back to the 1931 Consolidated Law on Public Security requires that prior notification be given to the authorities before a demonstration, and that public meetings may be prohibited on the grounds of security and public safety. The authorities can also establish time and place limitations on public assemblies. Security forces can legally disperse a protest if it is considered seditious, damaging to the prestige of the authorities, or threatening to public order or the safety of citizens.
At the regional level, Italy is a State Party to the 1950 European Convention on Human Rights, which also protects the right to freedom of assembly and association. Article 11 of the Convention states that "everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests". Similarly, Article 20 of the Universal Declaration of Human Rights protects the right to freedom of peaceful assembly and association.
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Defence of the homeland is sacred duty
The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) is a written document that was ratified on 22 December 1947 and came into force on 1 January 1948. It establishes a parliamentary system of government with two elected houses: the Chamber of Deputies and the Senate.
Article 52 of the Italian Constitution states that the "defence of the homeland is a sacred duty for every citizen". This article stipulates that national service is to be performed within the limits and in the manner set by law. While Italy has not had conscription since 2003, it can be reinstated if required. The article also mentions the democratic spirit of the Republic as the basis for the regulation of the armed forces.
The defence of the homeland is a concept that is deeply rooted in Italy's history and culture. Throughout the centuries, Italians have fought against foreign invaders and have had to defend their territory on numerous occasions. Today, this concept is interpreted in a broader context, encompassing not only military defence but also the protection of Italy's democratic values, cultural heritage, and national interests.
Article 52 highlights the importance of every citizen's contribution to the defence of the nation. While military service is no longer mandatory, Italians are still expected to uphold the values and principles enshrined in the Constitution. This includes respecting the rule of law, promoting social cohesion, and contributing to the country's economic and social development.
Furthermore, the Italian Constitution recognises the importance of international cooperation and Italy's role in the global community. As such, defending the homeland also entails promoting Italy's interests and values on the international stage, contributing to global peace and stability, and upholding the principles of international law.
In conclusion, the statement "defence of the homeland is a sacred duty" is a fundamental aspect of the Italian Constitution. It reflects the country's history, culture, and democratic values, while also emphasising the responsibility of every citizen in contributing to the defence of Italy, both militarily and through their everyday actions and contributions to society.
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The Republic's role in economic activities
The Italian Republic has a written constitution, which was ratified on 22 December 1947 and came into force on 1 January 1948. This constitution plays a significant role in shaping the country's economic activities and policies.
One of the key roles of the Republic, as outlined in the Constitution, is to establish and enforce regulations on both public and private-sector economic activities. These regulations are designed to ensure that economic activities serve social and environmental purposes. The Constitution recognises free enterprise, but only when it does not compromise the common good, safety, liberty, human dignity, health, or the environment.
The Republic is tasked with protecting and promoting small and medium-sized businesses, cooperatives, and handicrafts. It also recognises the right of workers to have a say in the management of enterprises, within the boundaries of the law. The Constitution guarantees the freedom to establish trade unions, with the requirement of registration and internal democratic structures. These registered trade unions have legal standing and can enter into collective labour agreements that are binding on all members.
The Italian Constitution also addresses taxation, establishing a progressive system where every citizen contributes to public expenditure according to their ability. It promotes equal rights for women in the workplace, including equal pay for equal work, and ensures working conditions that allow women to balance their professional and family responsibilities.
Furthermore, the Republic is responsible for safeguarding the natural resources and cultural heritage of the nation. It also promotes the development of culture, science, and technical research. These aspects of the Republic's role have an indirect impact on economic activities, as they shape the country's long-term development and sustainability.
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The right to strike
The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) was ratified on 22 December 1947 and came into force on 1 January 1948. The Italian Constitution recognises the right to strike within the limits of the law.
Article 40 of the Italian Republic Constitution of 1948 expressly recognises the right to strike as a vital instrument to protect workers' rights against employers' power. It is one of the main forms of trade union action aimed at obtaining better working conditions. The right to strike is an individual subjective right but is usually collectively exercised, often through trade unions. Trade unions may be freely established without obligations, except for registration at local or central offices and requirements such as internal democratic structures. Registered trade unions have legal recognition and may enter into collective labour agreements that are mandatory for their members.
The Constitutional Court has also reviewed the constitutionality of the right of public defenders to strike, balancing it with other constitutionally protected rights, such as the administration of justice, personal freedom, and due process of law. The Court upheld the right of public defenders to strike but emphasised the need to provide reasonable notice and ensure a reasonable strike duration.
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Frequently asked questions
Yes, Italy has a written constitution. The Constitution of the Italian Republic was ratified on December 22, 1947, and came into force on January 1, 1948.
The Italian Constitution establishes a parliamentary system with two elected houses, the Chamber of Deputies and the Senate.
The Italian Constitution includes a bill of rights, recognising habeas corpus and the presumption of innocence. It also guarantees freedom of assembly, freedom of association, and freedom of movement. In addition, it establishes a progressive form of taxation and the right to strike.
No, the Republican form of the state cannot be changed by constitutional amendment.
