Safekipedia

Constitution of Italy

Adapted from Wikipedia · Discoverer experience

Enrico De Nicola signs the Italian Constitution in 1947 with government officials present

The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) was the set of rules that helped guide Italy as a country after World War II. It was officially approved on 22 December 1947 by the Constituent Assembly, with many people voting in favor. The Constitution became active on 1 January 1948, exactly one hundred years after an earlier set of rules for Italy had been created.

The Constituent Assembly was made up of representatives chosen by the people during an election on 2 June 1946. This was the same day people voted on whether to end the monarchy and become a republic. The people who were part of this Assembly were from groups that worked against the bad leaders who had taken over Italy during the war.

The election happened across most of Italy, but some areas in the north were still under control by other countries at the time. These places included provinces of Bolzano, Gorizia, Trieste, Pola, Fiume, and Zara. By 1947, many of these places had become part of another country, Yugoslavia. The Constitution has been changed a few times since it was first created, but it still helps guide how Italy is run today.

Constituent Assembly

Further information: Assemblea Costituente and 1946 Italian general election

A professor named Piero Calamandrei once said that the Italian constitution was born in the places where brave people fought for freedom during World War II.

The group that created Italy's constitution included many different kinds of people, but they all agreed on one thing: they did not want a government that told everyone what to do. Instead, they wanted leaders to listen to the people.

The group had 556 members, including 21 women. They came from many backgrounds, such as politics, philosophy, and fighting for freedom. Their different ideas helped shape the constitution, balancing ideas about families and workers' rights.

Provisions

The Constitution of Italy has 139 articles, arranged into three main parts: Fundamental Principles, Rights and Duties of Citizens, and Organisation of the Republic. It also includes 18 Transitory and Final Provisions.

The Constitution mainly contains general principles that need supporting laws to be applied. The process to fully implement these principles has taken many years and is still ongoing due to political considerations.

Preamble

The preamble to the Constitution states its enacting formula.

Fundamental Principles (Articles 1–12)

The Fundamental Principles declare the foundations of the Republic, starting with its democratic nature. The sovereignty belongs to the people, who exercise it within the limits of the Constitution. The Principles recognize the dignity of every person and promote equality without distinction of sex, race, language, religion, or personal conditions. The right to work is recognized, with labor considered the foundation of the Republic.

The Principles also promote scientific, technical, and cultural development and safeguard the environment, historical, and artistic heritage. The State and the Catholic Church are recognized as independent and sovereign within their own spheres. Freedom of religion is recognized, and all religions have the right to self-organisation as long as they do not conflict with the law.

The Principles mention international law and the rights of foreigners, including the right of asylum for people denied freedoms in their home country or accused of political offences. They also repudiate war of aggression and promote international organizations aimed at achieving peace and justice among nations.

The last of the Principles establishes the Italian tricolour as the flag of Italy: green, white, and red, in three vertical bands of equal dimensions.

Rights and Duties of Citizens (Articles 13–54)

Civil Relations (Articles 13–28)

Statue of Italia turrita, the national personification of Italy

Articles 13–28 cover basic rights such as habeas corpus, presumption of innocence, and the right to a fair trial. Every citizen is free to travel within and outside the territory of the Republic, with restrictions only for health and security reasons. Citizens have the right to freely assemble peacefully and unarmed, with notifications required for large meetings on public lands.

Freedom of expression, press, and religion are guaranteed in public places, except for acts considered offensive by public morality. Every citizen is protected from political persecution and cannot be subjected to personal or financial burden outside of the law. The right to a fair trial is guaranteed, and collective punishments are not recognized. The death penalty and cruel and unusual punishments are prohibited.

Public officials and agencies are directly responsible under criminal, civil, and administrative law for acts committed in violation of rights.

Ethical and Social Relations (Articles 29–34)

The Constitution recognizes the family as a natural society founded on marriage, with the law guaranteeing the unity of the family. Parents have the right and duty to raise and educate their children. Health is recognized as a fundamental right, with free medical care guaranteed to those in need.

Freedom of education is guaranteed, with compulsory and free primary education provided for at least eight years. The highest levels of education are a right for capable and deserving pupils, regardless of financial status.

Economic Relations (Articles 35–47)

The Republic protects labor in all its forms, providing for training and professional advancement of workers. Unfree labor is outlawed, with workers having the right to a salary commensurate with their work and a minimum wage to ensure a free and dignified existence. The law establishes maximum daily working hours, the right to a weekly rest day, and paid annual holidays.

Trade unions may be freely established, and the right to strike is recognized within the limits of the law. The Constitution recognizes free enterprise, provided it does not damage the common good, safety, liberty, human dignity, health, or the environment. The Republic establishes regulations on public and private-sector economic activities to orient them toward social and environmental purposes.

Political Relations (Articles 48–54)

Article 48 recognizes the right to vote of every citizen, male or female, at home or abroad, who has attained majority (eighteen years of age). Voting is considered a civic duty, and the law must guarantee that every citizen can fulfill this right. The right to vote cannot be restricted except for civil incapacity, irrevocable penal sentences, or in cases of moral unworthiness as laid down by the law.

Political parties may be freely established, and petitions to Parliament by private citizens are recognized to promote the democratic process. Every citizen is eligible for public office under the conditions established by law. The Republic adopts specific measures to promote equal opportunities between men and women and for Italians not resident in the territory of the Republic.

Article 52 states that the defence of the homeland is the sacred duty of every citizen. National service is performed within the limits and in the manner set by law. The Constitution establishes a progressive form of taxation, requiring every citizen to contribute to public expenditure according to their capability. Every elected official has the duty to be loyal to the Republic and uphold its Constitution and laws.

Organisation of the Republic (Articles 55–139)

Power is divided among the executive, legislative, and judicial branches, with the Constitution establishing the balancing and interaction of these branches.

Parliament (Articles 55–82)

The Houses (Articles 55–69)

Article 55 establishes the Parliament as a bicameral entity, consisting of the Chamber of Deputies and the Senate of the Republic, elected every five years. The Chamber of Deputies is elected by direct and universal suffrage, with 400 deputies, eight of whom are elected in the overseas constituencies. The Senate of the Republic is elected by direct and universal suffrage, with 200 senators, four of whom are elected in the overseas constituencies. There are also a small number of senators for life, such as former Presidents, by right unless they resign, and citizens appointed by the President of the Republic for having brought honor to the nation with their achievements.

Disqualifications for the office of deputy or senator are determined by law. Members of Parliament cannot be held accountable for the opinions expressed or votes cast while performing their functions and cannot be subjected to personal or home search, arrest, detention, or other deprivation of personal freedoms without the authorization of their House, except when a final court sentence is enforced or when the member is apprehended in flagrante delicto.

Legislative Process (Articles 70–82)

Article 70 gives the legislative power to both Houses, with bills introduced by the Government, members of Parliament, and other entities as established by the Constitution. After approval by Parliament, laws are promulgated by the President of the Republic within one month or a deadline established by an absolute majority of the Parliament for laws declared urgent. A law is published immediately after promulgation and comes into force on the fifteenth day after publication, unless otherwise established. The President can veto a bill and send it back to Parliament stating a reasoned opinion. If such law is passed again, the veto is overruled and the President must sign it.

The Constitution recognizes general referendums for repealing a law or part of it, when requested by five hundred thousand voters or five Regional Councils. Any citizen entitled to vote for the Chamber of Deputies has the right to vote in a referendum.

The President of the Republic (Articles 83–91)

The President of the Republic is elected for seven years by the Parliament in joint session, together with three delegates from each Region. Any citizen over fifty enjoying civil and political rights can be elected president. The primary role of the president, as head of the state, is to represent national unity. Among the powers of the president are sending messages to Parliament, authorizing the introduction of bills by the Government, promulgating laws, dissolving one or both Houses of Parliament, calling a general referendum, appointing State officials, accrediting and receiving diplomats, ratifying international treaties, making declarations of war, granting pardons, commuting sentences, and conferring honorary distinctions of the Republic.

Holographic copy of 1847 of "Il Canto degli Italiani", the national anthem of Italy

The Government (Articles 92–100)

The Council of Ministers (Articles 92–96)

The Government of the Republic is composed of the President of the Council of ministers and the other Ministers. The President of the Republic appoints the President of the Council and, on his proposal, the Ministers that form its cabinet. All appointees must receive the confidence of both Houses for the formation of a Government.

Public Administration (Articles 97–98)

General government entities must ensure a balanced budget and a sustainable public debt, in accordance with European Union law. Employment in public administration is accessed through competitive examinations, except in cases established by law.

Auxiliary Bodies (Articles 99–100)

The National Council for Economics and Labour serves as a consultative body for Parliament and the Government. The Council of State is a legal-administrative consultative body overseeing the administration of justice. The Court of Accounts exercises preventive control over the legitimacy of Government measures and audits the administration of the State budget.

The Judicial Branch (Articles 101–113)

The Organisation of the Judiciary (Articles 101–110)

Article 101 states that justice is administered in the name of the people, and that judges are subject only to the law. The Judiciary is autonomous and independent of all other powers. Special judges are prohibited, while only specialised sections for specific matters within the ordinary judicial bodies can be established.

Rules on Jurisdiction (Articles 111–113)

Jurisdiction is implemented through due process regulated by law. The right to a fair trial is recognized, with the defendant having the right to be promptly informed of the nature and reasons for the charges brought and the right to adequate time and conditions to prepare a defence. The presumption of innocence is recognized, and the guilt of the defendant cannot be established on the basis of statements by persons who have always avoided cross-examination by the defendant or the defence counsel.

Palazzo Montecitorio, seat of the Chamber of Deputies

Regions, Provinces, Municipalities (Articles 114–133)

According to Article 114, the Republic is composed of the Municipalities, the Provinces, the Metropolitan Cities, the Regions, and the State. The Constitution grants the Regions of Aosta Valley, Friuli-Venezia Giulia, Sardinia, Sicily, and Trentino-Alto Adige/Südtirol an autonomous status. The Constitution gives the State exclusive legislative power in matters of foreign policy, defence, currency, state taxation, and other specified areas. Concurring legislation applies to certain subject matters, with legislative powers vested in the Regions except for the determination of fundamental principles laid down in State legislation.

The Regions have legislative powers in all subject matters not expressly covered by State legislation. The administrative functions not attributed to Provinces, Metropolitan Cities, Regions, or the State are attributed to the Municipalities. Municipalities, Provinces, and Metropolitan Cities also have administrative functions of their own, as well as functions assigned to them by State or regional legislation.

The Constitution grants Municipalities, Provinces, Metropolitan Cities, and Regions revenue and expenditure autonomy, although subjected to the obligation of a balanced budget and in compliance with European Union law. The State allocates supplementary resources and adopts special measures in favour of specific Municipalities, Provinces, Metropolitan Cities, and Regions to promote economic development along with social cohesion and solidarity.

Constitutional Guarantees (Articles 134–139)

The Constitutional Court (Articles 134–137)

Article 134 states that the Constitutional Court shall pass judgement on controversies on the constitutional legitimacy of laws and enactments having force of law issued by the State and Regions, conflicts arising from the allocation of powers, and charges brought against the President of the Republic.

Amendments to the Constitution. Constitutional Laws (Articles 138–139)

Laws amending the Constitution and other constitutional laws must be adopted by each House after two successive debates at intervals of not less than three months and must be approved by an absolute majority of the members of each House in the second voting. Said laws are submitted to a popular referendum when requested by one-fifth of the members of a House or five hundred thousand voters or five Regional Councils. The law submitted to referendum cannot be promulgated if not approved by a majority of valid votes. A referendum is not to be held if the law has been approved in the second voting by each of the Houses by a majority of two-thirds of the members.

Article 139 states that the form of Republic shall not be a matter for constitutional amendment, thus effectively barring any attempt to restore the monarchy.

Transitory and Final Provisions (Provisions I–XVIII)

The transitory and final provisions declare the provisional Head of the State the President of the Republic with the implementation of the Constitution. They provide a general timeline for the implementation of the Constitution and call for the election of the Regional Councils and the elected bodies of provincial administration within one year of the implementation of the Constitution. The transfer of power from the State to the Regions must be regulated by law. Provision XII forbids the reorganisation of the dissolved Fascist party under any form. Notwithstanding Article 48, the Provision imposes temporary limitations to the right to vote and eligibility of former leaders of the Fascist regime. Provision XIII bars the members and descendants of the House of Savoy from voting, as well as holding public or elected office, and the former kings of the House of Savoy, their spouses and their male descendants were denied access and residence in the national territory. Titles of nobility are no longer recognised, while the predicates included in those existing before 28 October 1922 are established as part of the name of the title holders. With the entry into force of the Constitution, the legislative decree of the Lieutenant of the Realm No. 151 of 25 June 1944 on the provisional organisation of the State will become law. The Constituent Assembly must pass laws on the election of the Senate of the Republic, special regional statutes, and the law governing the press, before 31 January 1948. The Provisions also detail the temporary functions of the Standing Committees, the Legislative Committees, and the Deputies. Provision XVIII calls for the promulgation of the Constitution by the provisional Head of State within five days of its approval by the Constituent Assembly, and its coming into force on 1 January 1948. The text of the Constitution will be deposited in the Town Hall of every Municipality of the Republic and there made public for the whole of 1948, in order to allow every citizen to know of it. The Constitution must be faithfully observed as the fundamental law of the Republic by all citizens and bodies of the State.

ItalianEnglish
Il capo provvisorio dello Stato, vista la deliberazione dell'Assemblea Costituente, che nella seduta del 22 dicembre 1947 ha approvato la Costituzione della Repubblica Italaina; vista la XVIII disposizione finale della Costituzione; promulga la Costituzione della Repubblica Italiana nel seguente testo:The provisional Head of State, by virtue of the deliberations of the Constituent Assembly, which in the session of 22 December 1947 approved the Constitution of the Italian Republic; by virtue of Final Provision XVIII of the Constitution; promulgates the Constitution of the Italian Republic in the following text:

Amendments

See also: Constitutional laws of Italy and Italian constitutional referendum, 1946; 2001; 2006; 2016; 2020; and 2026

Changing the Constitution of Italy is very difficult. It needs to be voted on twice by both houses of Parliament. If the second vote has more than half the votes but not two-thirds, a public vote may be needed. The form of government as a republic cannot be changed.

The Constitution has been changed 16 times. These changes have updated rules about voting, how Parliament works, and the powers of local governments. In 2007, it was changed to make the death penalty illegal in all cases. In 2012, rules were added to keep the country’s money balanced during good and bad economic times. In 2020, the number of Parliament members was reduced. In 2021, the voting age for the Senate was lowered to 18. In 2022, laws were added to protect the environment, plants and animals, and natural habitats.

Notable Members of the Constituent Assembly

The following is a list of notable members of the Constituent Assembly:

Images

A grand historical building in Rome known as Palazzo Madama.
The Quirinal Palace in Rome, an important historical building with an obelisk and beautiful fountains nearby.
The exterior of Palazzo Chigi, an important historical building in Rome, Italy.
The grand interior hall of the Italian Council of Ministers in Rome, located within the historic Palazzo Chigi.
The Palace of Justice in Rome, home to Italy's highest court, viewed from across the Umberto I bridge.
The Palazzo della Consulta, an important historical building in Rome, Italy.

Related articles

Constituent Assembly of Italy
Sovereignty
Catholic Church
Right of asylum
Peace
Marriage

This article is a child-friendly adaptation of the Wikipedia article on Constitution of Italy, available under CC BY-SA 4.0.

Images from Wikimedia Commons. Tap any image to view credits and license.