Sociology
The Albertine Statute was issued by Charles Albert, King of the Kingdom of Sardinia, March 4, 1848 as "fundamental law and irrevocable" law, which replaced the constitutional monarchy to monarchy absolute state of Piedmont. With the formation of the Kingdom of Italy, became the fundamental law of the new state and remained in force until January 1, 1948.
Albert consisted of 81 to Articles 22 of which were reserved for defining the prerogatives of the king who had given the executive power, the nominal supervision the judiciary, participation in the legislative power with the Parliament.
The system of representation was bicameral: the Senate was composed of members appointed for life by the king, the House of Representatives accessed by representatives of the nation, rated on the basis of an electoral law that was not included in the Statute. Were guaranteed the fundamental rights of citizens and the inviolability of private property.
Adapts to changing societal and institutional changes which is derived from the unification of Italy, is the extension of voting rights, either by the passage in 1922 of the state Liberal Fascist. The essential principles
Albertine Statute are:
· freedom of thought, speech and equality of citizens before the law;
• The executive power exclusively reserved to the king, and the shared legislative power with the parliament, the judicial power given to judges appointed by the King;
· the responsibility of ministers only before the king;
· the declaration of the Catholic religion as state religion. "
The statute was characterized by being:
- granted a constitution: the Charter was not the result of a collaboration with the people;
- a flexible constitution: the Charter could be amended by ordinary laws. Its flexibility allowed the passage of a constitutional form to pure a parliamentary no guarantee democratic freedoms and allowed the passage to the fascist regime in a formally legal;
- a monarchical constitution: the structure of the state was kind of monarchical
- a representative constitution: the Chamber of Deputies was elected assembly ;
- setting up a confessional in the initial phase included the Charter as the only state religion of the Catholic Church.
The form of government introduced in the Albertine Statute was not based on a clear separation of powers:
• The king had the executive power;
• The Parliament consists of two chambers (Chamber of Deputies and Senate), he shared with King of the ownership of power legislation. The two rooms were not placed on an equal footing: he had more power, the Chamber of Deputies;
· Ai judges were entrusted with the judiciary.
with the fascist laws of 1925, the Albertine Statute was significantly altered, as to make the structure of the rule of authoritarian-totalitarian. The amendment to the statutes, finished to give a prominent position to the Prime Minister of Legal Affairs in relation to individual ministers.
to this important institutional change was followed in 1939, the replacement of the Chamber of Deputies by the Chamber of the beams. In practice, the Chamber was formed in part by the National Board and partly by members of the Grand Council of Fascism.
So the House, become a permanent assembly, was formed following the appointment or the revocation by these charges, without the need for its renewal, periodic elections.
's legal reforms led to note the gradual establishment of a system of totalitarian government, based on the recognition of a single party, the fascist.
The constitutional crisis that followed the events of the war which ravaged the country opened July 25, 1943 with the withdrawal of Mussolini as head of government, this was initiated by the king and was supported by the same grand council, that the power conferred on a provisional Executive to Marshal Badoglio.
By the decree of 2 August, the king established the dissolution of the House of beam accelerating the collapse of a regime.
After the armistice of 8 September, Italy was still divided into two: the north, still in German hands with the fascist regime, in the south, occupied by the Anglo-American legal system was restored monarchy.
To remedy this gap, in April of 1944 came to an agreement between the committees of national liberation and Vittorio Emanuele III, proclaiming the institutional truce. Meanwhile, before the retreat of German forces from Italy, 5 June 1944 the king to his son Umberto the Lieutenant of the Kingdom, giving it the powers of head of state. Lieutenant-General agreed to the principle that it was left to the people the free choice the institutional form of monarchy or republic, June 2, 1946 so there was a referendum, in which the whole Italian population was called to choose between monarchy and republic, so that the Republic was proclaimed. After the referendum, 25 June 1946, he rejoined the Constituent Assembly (assembly consists of 556 members, to approve the new Republican Constitution) who entrusted the drafting of the new Republican Constitution to a committee made up of 75 members (divided into three subcommittees , respectively in charge of drawing up the various parts of the whole draft constitution), which ended its work in plenary session, 22 December 1947 with the approval by secret ballot text final.
The promulgation by the provisional head of state from Henry Nicholas, after five days, and the subsequent publication in the Official Journal, permitted the entry into force of the new Constitution on 1 January 1948.
The Constitution is the fundamental law of the State.
Entered into force January 1, 1948, was signed by President Enrico De Nicola and countersigned by the Prime Minister Alcide De Gasperi and the President of the Constituent Assembly Umberto Terracini.
The Constitution consists of 139 articles and 18 transitional and final provisions.
· The fundamental principles (art. 1-12).
· Part first (art. 13-54) deals with the rights e i doveri dei cittadini.
· Parte seconda (art. 55-139) è la parte più estesa della Costituzione. In questa sezione sono stabiliti i poteri, la composizione e la nomina degli organi fondamentali dello Stato.
Gli organi costituzionali sono:
· il Parlamento;
· il Presidente della Repubblica;
· il Governo;
· la Magistratura;
· la Corte Costituzionale.
La Costituzione è caratterizzata dal fatto di essere:
- una costituzione compromesso: l’articolazione della Carta costituzionale si fonda sull’accordo fra i diversi partiti del Comitato di liberazione nazionale. Il compromesso raggiunto permette un equilibrio, che dà il giusto peso sia alle needs to recognize and protect the freedom of both the building of a welfare state;
- long a constitution: the constitutional text indicates the lines of the state's basic, fundamental rights, defines, organizes the different aspects of society;
- a voted up: the constitutional text was adopted by a Constituent Assembly elected by the people;
- a rigid constitution: Unlike Albertine Statute, it may be changed only through a special process. It provides a guarantee to maintain democratic freedoms;
- a secular constitution: all faiths, though in line with our laws, have equal right to exist and operate within the national territory;
- a pluralist constitution: the State recognizes and protects the various forms in which they express the many facets of society;
- a liberal constitution, the principles of freedom are recognized and guaranteed by ;
- a social constitution: the state intervenes in a direct way to ensure equality for all citizens.
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