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
Accessible, contextual introductions to the
constitutional systems of the world.
In the era of globalisation issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the cold war there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation, and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country. Each book in the series deals with a single country or a group of countries with a common constitutional history, and each author is an expert in their field.
Countries covered by the series so far:
Australia
The Republic of Austria
Belgium
Brazil
Canada
Chile
China
The Commonwealth Caribbean
Czechia
The European Union
Finland
France
Germany
The Independent States of Central Asia
India
Indonesia
Ireland
Israel
Italy
Japan
Malaysia
Mexico
Myanmar
New Zealand
Pakistan
Poland
Romania
The Russian Federation
Singapore
South Africa
Spain
Taiwan
Thailand
The United Kingdom
The United States of America
Vietnam
PRAISE FOR THE SERIES
"This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context…There is no other series of guides quite like it" William B Ewald, Professor of Law and Philosophy, University of Pennsylvania Law School
"... ideal for undergraduate and introductory law school courses on comparative constitutional law" William E Butler, Journal of Comparative Law
"I just wanted to congratulate you on your series "Constitutional Systems of the World"… by including countries which normally don't get attention, you do a great service to a more modern comparative constitutionalism. I hope that this collection will grow!" Dr Jörg Menzel, Associate Professor, University of Bonn, Germany
Produktdetaljer
Biografisk notat
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.