Notes

• 1946 institutional referendum to determine whether Italy should have kept being a Monarchy or become a Republic

The people voted for the Republic. After a constituent Assembly was elected to draft and approve the Constitution of the Republic.  Italy lost the World War II and was completely destroyed by the Allied bombings and war. Constitution drafted with the aim to avoid the return of Fascism period. Need to restate rights and freedom after the dark Fascist age. Need to avoid risks of the Communism.

From the Albertine Statute to the Constitution Which signed the passage from a flexible to a rigid constitution: the legal system should be in line with the supreme laws which are the one included in the constitution. The constitution cannot be changed, there are some exception but there is a precise procedure that must be followed over a precise period of time. The rigid constitution is important because it should be maintained and respected over time, and if a change is needed it should be really fundamental. 

The Albertine Statute was a flexible constitution allowing the parliament changes just by passing a law. 

Constitutions may be: 

**Italian Constitution ** It was made by a special organ that had the role of creating the Constitution.  The Italian Constitution is:

• Codified: written 
• Long 
• Voted 
• Rigid, means that there is a special Amendments Procedure:
  • It requires a double vote of each chamber of the parliament.
  • There must be an interval between the votes of not less than three months for the vote of the constitution. Time is required to internalize the proposal of constitution. It shall be approved by a qualified majority - which is greater than the majority -  of the government - of the members of each chamber in the second voting. A qualified majority means that the ⅔ must be in agreement. The constitution requires the highest approvation possible. 
  • There must be the possibility of recourse to the people through a popular referendum. The referendum is called only if the qualified majority is not reach in the second voting. There is a popular referendum for regaining the approbation.

**Constitutional Organs **

• The Parliament: it is made of two chambers which are voted by the citizens. Chambers of Deputies, made of 630 members and elected by the citizens above the age of 18. Senate, made of 315 members and elected by the citizens above the age of 18. The two chambers have the same functions and duration of 5 years. The chambers should draw confidence toward the government, if the confidence is withdrawing elections should be established.
• The president of the republic: he is elected by the parliament, but he has no political/executive power. His charge lasts for 7 years and there is the opportunity of being reelected. He appoints the President of the Council of Ministers and upon the latter's proposal, the Minister. He promulgates the bills. He has the power to grant reprieves and pardons. 
• The government: which is the executive branch. Normally there is the president who is the President of the Council and the Council of Ministers. He can adopt legislative acts under specific circumstances and the legislative power is temporary. He directs the administration of the State. Ministers are on top of their Ministry and of the bureaucratic administrative offices.

**Sources of Law in Italy ** Super Primary Sources, have the highest rank in the constitution which is typical of rigid constitutions. Constitutional Laws, are the ones needed to change the Constitution. Law, are primary sources and just they are just below the Constitution. Local regulations, secondary sources.

Constitutional Justice (no study) Constitutional court makes sure that the constitution is not violated or overruled by other law written for primary sources. Check that there are no conflicts between primary sources and constitution otherwise the supremacy of the constitution is violated. The members are elected some by the Parliament (5 members) others are appointed by the president of the Republic (5) and the last from the supreme courts (5).  Justices are the members of the constitutional court and they are in charge for 9 years and cannot be re-elected. 

Lawmaking process (Not Compulsory) There is a proposal which can either come from the parliament, or the regions, or the citizens, or the CNEL. It is introduced in the chamber or the senate and then in the other organ, it must be approved by both and then the bill is turned in law. The promulgation of the law is the signing of the law by the president. Once the law is published on the Italian Official Journal of Law, it will become effective after 15 days. 

**Legislative decrees and Law Decrees ** Legislative Decrees, law that grants to Government the power to issue decrees within specified limits. Such decrees have the same force as the law.  Law decrees, the act is different and approved when there are situations of emergencies. The government and the executive approve a law decrees to move the resources to the sector damaged. Within 60 days Parliament shall convert into law, otherwise the cease to be effective. There is no time to wait for the double approvement of the chambers. 

Conflicts of law There is a hierarchy of law (Constitution - Super primary - Primary - Secondary). If there is a conflict, which means that the norm has a different meaning or there is contradiction between two rules. 

• If the norms are from the same rank - chronological orders is watched, the latest law is derogating the previous one. *(Lex posterior derogat priori). *
• If norms have different ranks - the law with the highest rank prevale (*Lex superior derogat inferiori) *
• Lex specialis derogat generali - does not refer to the rank or the timing but only to the scope of application of the certain provision. The special norm prevails, and the general norm keeps prevailing in all the other cases. 
• Competence - not refer to the rank or the scope of application, but to the appropriate legal order to produce the law so there is a delegation of law from the state (ex European Law).