Omar Bennett
The Constitution of Italy, ratified in 1947, is a rigid constitution that cannot be repealed or amended by ordinary laws. It has been amended 16 times since its enactment. There are two ways to amend the Italian Constitution: through a constitutional law or a referendum. A constitutional law is an Act of Parliament that holds the same strength as the Constitution. It can be passed by a two-thirds majority in both houses of Parliament or by a simple majority in both houses followed by a referendum. A referendum can also be triggered if a constitutional amendment bill passes with less than a two-thirds majority in either house. In 2020, a referendum was held to reduce the number of deputies and senators, which was approved by 69.96% of voters.
| Characteristics | Values |
|---|---|
| Frequency of amendments | The Italian Constitution has been amended 16 times since it came into force on 1 January 1948. |
| Process | Amendments must be adopted by each House after two successive debates at intervals of at least three months and must be approved by an absolute majority of each House in the second voting. |
| Referendum | If a constitutional amendment bill is passed with a majority of less than two-thirds of members in either House in the second reading, it is published but not promulgated, and a referendum may be requested by one-fifth of the members of either House, 500,000 voters, or five Regional Councils within three months. |
| Limitations | Article 139 states that the form of government, a republic, cannot be amended, effectively barring any attempt to restore the monarchy. |
| Role of Political Parties | Major political parties can influence the amendment process by expressing support for or opposition to proposed reforms. |
| Citizen Involvement | Citizens can indirectly influence the process by voting for political parties that support specific amendments and by participating in referendums. |
| Judicial Review | The Constitutional Court can review and strike down laws that are declared unconstitutional, and its decisions are final and not subject to appeal. |
| Regional Variations | Regional Councils can initiate legislation and promote referendums on regional laws and administrative measures, and Regional Statutes can be amended by the Regional Council or through a popular referendum. |
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What You'll Learn
Constitutional referendums
The Constitution of Italy was ratified on 22 December 1947 and came into force on 1 January 1948. It has since been amended sixteen times.
A constitutional law in the Italian legal system is an Act of Parliament that carries the same weight as the Constitution. In the event of a conflict between the Constitution and a constitutional law, the latter prevails. Constitutional laws that amend the Constitution are called leggi di revisione costituzionale.
There are limits to the Italian Parliament's power to amend the Constitution. Article 139 of the Constitution states that Italy's form of government as a republic cannot be amended. This was introduced to protect the result of the 1946 referendum, in which Italians voted to abolish the monarchy.
Constitutional laws must be approved by each House after two successive debates at intervals of at least three months. In the second debate, no new amendments can be proposed, and the bill must be approved or rejected in its entirety. The law must be approved by an absolute majority of each House in the second vote. If the bill is approved by a two-thirds majority in both Houses, it can be immediately passed into law by the President of Italy. If the bill is approved by a simple majority in each House, it must be published in the Official Gazette.
If a constitutional amendment bill passes with less than a two-thirds majority in either House, it is published in the Official Gazette but not passed into law. At this point, a referendum can be requested by one-fifth of the members of either House, 500,000 voters, or five Regional Councils within three months of publication.
In 2020, a referendum was held on whether to amend the Italian Constitution to reduce the number of deputies and senators and limit the number of new life senators. The referendum was called after 71 senators applied to the Court of Cassation for a referendum, meeting the threshold for one to be held. 69.96% of votes were cast in favour of the amendments.
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Reducing the number of deputies
The Italian Constitution has been amended sixteen times since it was ratified in 1947. One of the most recent amendments was the result of the 2020 Italian Constitutional Referendum, which included a proposal to reduce the number of deputies.
The referendum was held to seek approval for amendments to the Italian Constitution, including reducing the number of Deputies from 630 to 400, reducing the number of Senators from 300 to 200, and limiting the number of new life Senators. The Five Star Movement (M5S)-Democratic Party (PD) coalition government had identified the high cost of conducting politics as a key issue and campaigned on the reduction of representatives as a potential solution. The referendum resulted in 69.96% of votes cast in favour of the amendments.
The process of amending the Italian Constitution through a referendum is outlined in the Constitution itself. The referendum on reducing the number of deputies was initiated by citizens voting the M5S-PD coalition government into office, with the reform being a major part of their coalition deal. The reform bill was approved by the Italian Parliament in October 2019, with the support of all major political parties. However, 71 senators filed a request for a referendum in the Supreme Court of Cassation, which was granted as a standard procedure within the Italian Constitution.
The referendum was held in 2020, with citizens voting on a simple yes or no question. The yes vote received 70% of the votes cast, with a turnout of 51.1%. This demonstrated clear public support for the proposed constitutional reforms and was seen as a victory for anti-establishment and reform-minded politicians. The reduction in the number of deputies and other MPs was implemented in the 2022 Italian general election.
The successful referendum was only the second time in Italian history that a constitutional referendum has been successful, with the first one occurring in 2001. Previous constitutional referendums in 2006 and 2016 had failed to pass the proposed reforms. The process of amending the Italian Constitution through a referendum requires approval by a majority of valid votes, with no referendum held if the law is approved by a two-thirds majority in each of the Houses.
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The role of the Court of Cassation
The Court of Cassation, or the Italian Supreme Court of Cassation, is the highest court in Italy. It was first provided by the former Italian Civil Code in 1865 and was later reorganised by royal decree on 30 January 1941. The Court of Cassation plays a crucial role in the Italian judicial system, which is based on civil law within the framework of late Roman law.
The Court of Cassation has two primary functions. Firstly, it ensures that lower courts correctly follow legal procedures and interpret and apply the law consistently across the entire judicial system. This includes overseeing the correct application of law in inferior and appeal courts and resolving disputes regarding jurisdiction between different lower courts. The Court of Cassation can reject or confirm sentences from lower courts, and if it rejects a sentence, it can order the lower court to amend the trial, sentencing, or annul the sentence altogether.
Secondly, the Court of Cassation plays a significant role in shaping Italian citizenship law. It ensures that judges interpret and apply the law consistently in individual cases, particularly in matters of citizenship. For example, in 1998 and 2004, the United Sections of the Court of Cassation ruled that Article 1 could not apply retroactively to cases before the 1948 Constitution, as the principle of gender equality did not exist before that time.
The Court of Cassation also engages in assessments of judicial independence and impartiality. It highlights the importance of these principles as guarantees of legality, justice, and equality for citizens, aligning with the Italian Constitution and the European model of a judge as outlined in the ECHR (European Convention on Human Rights) and the EU CFR (Charter of Fundamental Rights of the European Union).
In the context of amending the Italian Constitution, the Court of Cassation can be involved in several ways. Firstly, it can hear appeals related to constitutional referendums, as seen in the 2020 Italian Constitutional Referendum, where 71 Senators filed a request for a referendum in the Court of Cassation to review a reform bill. Secondly, the Court of Cassation ensures that any interpretations or applications of constitutional amendments by lower courts are consistent and follow legal procedures. While the Constitutional Court sets the interpretation of a constitutional amendment, the Court of Cassation determines how lower courts must apply that interpretation in future cases.
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Constitutional legitimacy
The Constitution of Italy, also known as the Constitution of the Italian Republic, was ratified on 22 December 1947 and came into force on 1 January 1948. It has since been amended sixteen times. The Italian Constitution is a rigid constitution, meaning it overrules other laws and cannot be repealed or amended by them. However, it can be amended through a specific process.
The process of amending the Italian Constitution involves proposing and adopting laws called "leggi di revisione costituzionale" (laws amending the Constitution). These laws are a category of constitutional laws that hold the same strength as the Constitution itself. In the event of a conflict between the Constitution and a constitutional law, the latter typically prevails based on the legal principle of "a later law repeals an earlier law" (lex posterior derogat priori).
To initiate the amendment process, a constitutional amendment bill must be introduced and undergo two successive debates in each House of Parliament at intervals of not less than three months. During the second reading, no new amendments to the bill can be proposed, and it must be approved or rejected as a whole. The bill must then be approved by an absolute majority of members in each House during the second vote.
If the bill secures a qualified majority of two-thirds in both Houses, it can be immediately promulgated by the President of Italy and becomes law. However, if the bill passes with a majority of less than two-thirds in either House, it enters a different pathway. In this case, the bill is published in the Official Gazette, the country's official journal for laws, but it is not yet promulgated. At this stage, one-fifth of the members of either House, five hundred thousand voters, or five Regional Councils may request to hold a referendum on the bill within three months of its publication.
The referendum provides an additional check on the amendment process, allowing citizens to have a direct say in significant constitutional changes. If a referendum is held and the bill receives a majority of valid votes, it can be promulgated and becomes part of the Constitution. However, if the bill does not receive the required majority in the referendum, it cannot be promulgated, and the proposed amendment fails.
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The Italian Republic's form of government
The Italian Republic is a democratic country with a constitution that outlines its form of government. This constitution was ratified on 22 December 1947, coming into force on 1 January 1948, and has since been amended sixteen times. The most recent amendment occurred in 2020, when a referendum was held to reduce the number of deputies and senators, thereby lowering the cost of politics.
The Italian Constitution establishes the country as a republic, and this form of government is protected by Article 139, which bars any attempt to restore the monarchy. The constitution also recognises the independence and sovereignty of the State and the Catholic Church, guarantees freedom of religion, and provides for the right of asylum for those facing political persecution in their home countries.
Amending the Italian Constitution follows a specific procedure outlined in Article 138. Firstly, a constitutional amendment bill must be proposed and approved by each House in two successive debates held at least three months apart. In the second debate, no new amendments can be proposed, and the bill must be approved or rejected in its entirety. If the bill is approved by a two-thirds majority in both Houses, it is immediately promulgated by the President and becomes law. However, if it is approved by a simple majority but not by two-thirds, it must be published in the Official Gazette, and a referendum may be requested by a portion of House members, voters, or Regional Councils within three months.
The Italian Constitution also outlines the form of government for the country's regions. Each Region has a statute that complies with the Constitution and establishes its basic principles, including the right to initiate legislation and hold referendums. These statutes can be amended by the Regional Council with an absolute majority in two subsequent deliberations at intervals of at least two months. However, they are subject to challenge by the Government to the Constitutional Court within thirty days of publication, and they may also be submitted to a popular referendum if certain conditions are met.
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Frequently asked questions
The Italian Constitution has been amended 16 times since it came into force on 1 January 1948.
The process for amending the Italian Constitution is as follows:
- A constitutional amendment bill is proposed.
- The bill is debated and voted on by each House of Parliament in two successive debates at intervals of at least three months.
- If the bill is approved by a two-thirds majority in both houses, it is immediately promulgated by the President of Italy and becomes law.
- If the bill is approved by a simple majority in each house, but not by a two-thirds majority, it is published in the Official Gazette and can be promulgated if approved by a majority of valid votes in a referendum.
- If the bill is not approved by a majority of valid votes in a referendum, it does not become law.
No, there are limits to who can amend the Italian Constitution. The power to amend the Constitution rests with Parliament, specifically with the two Houses that make up the Italian Parliament: the Chamber of Deputies and the Senate. However, there are some principles within the Constitution, such as the form of government (a republic), that cannot be amended, even by Parliament. Additionally, citizens can have a say in the amendment process through referendums, as seen in the 2020 Italian Constitutional Referendum.
