Overview

This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

Full Product Details

Author:   Judge Marta Cartabia (Bocconi University of Milan, Italy) ,  Professor Nicola Lupo (LUISS Guido Carli University, Italy) ,  Nicola Lupo (Luiss Guido Carli University Italy) ,  Benjamin L Berger
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 13.80cm , Height: 2.50cm , Length: 21.60cm
Weight:   0.454kg
ISBN:  

9781509957866

ISBN 10:   1509957863
Pages:   288
Publication Date:   13 October 2022
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1. The Making of the Italian Constitution and its Evolution I. Introduction II. The Albertine Statute III. The Fascist Regime, the Second World War and the Transition to the Republic (1922–1945) IV. The Constituent Assembly (1946–1948) V. The Rigidity of the Republican Constitution VI. Procedures for and Limits on Constitutional Amendments VII. The Most Important Constitutional Amendments VIII. The Evolution of the Italian Republican Constitution IX. Conclusion Further Reading 2. The Italian Constitution within the ‘Composite’ European Constitution I. Introduction II. Openness to the International Order and its Foundations III. The Constitutional Principles on International Law IV. The ‘European Journey’ of the Constitutional Court V. The ‘Counter-limits’ Doctrine VI. The European Convention of Human Rights in the Italian Legal System VII. Constitutional Rules and Practice of Implementing EU Law VIII. Conclusion Further Reading 3. Popular Sovereignty and Separation of Powers I. Introduction II. The Democratic Principle in the Italian Constitution: The Right to Vote and to be Elected III. Direct Democracy: The Abrogative Referendum and its Different Usages IV. Representative Democracy: The Electoral System and its Evolution V. Conclusion Further Reading 4. Parliament I. Introduction II. The Italian Parliament in the Constitution III. A Symmetrical Bicameralism IV. The Internal Organisation of the Chamber and the Senate V. Privileges and Immunities of MPs VI. Parliamentary Rules of Procedure VII. The Legislative Process 2 VIII. The Budgetary Process IX. The Oversight Function X. Conclusion Further Reading 5. The Government: Between Politics and Administration I. Introduction II. The Structure of the Government III. The Confidence Relationship with the Two Houses of Parliament IV. The Primary and Secondary Normative Powers of the Government V. The Distinction between Politics and Administration VI. The Constitutional Principles on Public Administration VII. The Auxiliary Bodies and the Independent Authorities VIII. Conclusion Further Reading 6. The President of the Republic I. Introduction II. Election, Term of Office and Substitution III. The Responsibility of the President of the Republic IV. The Counter-signature and the Classification of the Acts of the President of the Republic V. The Shaping of the Role of the President of the Republic Throughout the Constitutional Experience VI. Conclusion Further Reading 7. Regional and Local Government I. Introduction II. Origins and Evolution of the ‘Republic of Autonomies’ III. The Constitutional Framework and its Delayed Implementation IV. Special and Ordinary Regions V. The Direct Election of the Presidents of the Regions and Statutory Autonomy VI. The Distribution of Legislative Competences between the State and Regions VII. Administrative Autonomy and the Principles of Subsidiarity and Loyal Cooperation VIII. Financial Autonomy IX. Local Authorities X. Conclusion Further Reading 8. The Judiciary I. Introduction II. The Evolution of the Judicial Function III. The Separation of Powers and Judicial Independence IV. The Organisation of the Judiciary V. Judicial Responsibility VI. Conclusion Further Reading 9. The Constitutional Court I. Introduction II. Historical Background III. The European Model of Constitutional Adjudication IV. The Constitutional Court: Composition and Functions V. The Court’s Delayed Establishment and First Years of Activity: Reviewing Fascist Legislation VI. A Variety of Remedies VII. The Incidental Procedure and the Relationship with Ordinary Courts VIII. The Constitutional Court and European Courts IX. The Relational Character of Italian Constitutional Adjudication and Internal Collegiality X. Conclusion Further Reading 10. Protection of Rights I. Introduction II. The Evolution of Constitutionalism and the ‘Age of Rights’ III. Inviolable Rights IV. The Italian Approach to Fundamental Rights: Personalism, Pluralism and Solidarity V. Codified Rights and New Rights VI. Limiting Rights VII. Judicial and Non-judicial Safeguards VIII. Key Rights IX. Conclusion Further Reading

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Author Information

Marta Cartabia is Professor in the Department of Law at Bocconi University of Milan, Italy, Nicola Lupo is Professor of Public Law at the LUISS Guido Carli University in Rome, Italy.

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