Italy New Constitution Part 2

Italy New Constitution Part 2

In the field of ethical-social relations, the family is conceived as a natural society founded on marriage, in which the spouses are juridically and morally equal, but whose indissolubility, envisaged in the project, has not been expressly sanctioned; the rights of children born out of wedlock are recognized and the search for paternity is allowed. As for the school, its freedom is affirmed, together with the compulsory lower education and the state exam and the need to facilitate access to the highest grades of education for capable and deserving poor people.

In the field of economic and trade union relations, the most characteristic statements are: the right of workers, as well as to adequate remuneration, to weekly rest and paid annual leave; the right to strike within the framework of the laws that regulate it; the freedom of trade union organization, with no obligations other than those of registration and a democratic internal order, with the right of registered trade unions to stipulate collective agreements; the right of workers to collaborate in the management of companies.

In the field of political relations, the following are affirmed: the right to vote, equal for all without distinction and with only exceptions due to civil incapacity, an irrevocable criminal sentence and moral unworthiness; the right of free association in parties (which may however be limited for certain categories of public officials); the right of petition, no longer admitted as a personal grievance, but only as a request for legislative measures or exposure of public needs. The correlative duties of loyalty to the republic, defense of the homeland with consequent performance of military service, of the contribution to public expenses are sanctioned.

In the second part: “Organization of the republic”, the constitutional bodies are regulated, the supreme bodies that are not subordinate but coordinated with each other and mutually independent, even if placed in a certain order of importance: the parliament, the president of the republic, the government, the judiciary, the regions, the Constitutional Court.

According to SOURCEMAKEUP, the parliament, which in the fascist system, given the prevalence of the executive over the legislative, had been postponed to the head of the government and the government, is now the driving body of the state, albeit in its function of balance vis-à-vis the other supreme bodies. . In addition to the traditional and original task of the formation of laws, which now however belongs to it alone, in the new constitution the parliament has the task of contributing to the formation of all the fundamental organs of the state, thus ensuring this unity of political direction.

Having maintained the bicameral system, both chambers, the Chamber of Deputies (see in this App.) And the Senate of the Republic (see in this App.), Are (except for a part of the Senate), elective, albeit on different bases, and both are representative; both have absolute parity of powers, having been removed from the so-called financial initiative of the chamber, and both grant or deny trust in the government, with absolute equality. The chamber is elected for 5 years, the senate for 6; this duration can only be extended by law and only in the event of war; both chambers can be dissolved in advance. For the new important institute of the prorogatio, the powers of the dissolved chambers are extended until the new ones are reunited (better understood as “elected”, otherwise the old and new chambers would exist at the same time until their meeting after the elections); this extension, as the Ruini report points out, aims not to allow the dissolved chambers to exercise their powers normally, but only to have the possibility of parliamentary control and action, where this is necessary. The institution of the legislature disappeared as a period of current legislative work between the elections and the dissolution of the chamber, which also applied to the Senate and whose closure had the effect of canceling all unfinished legislative work. The system of calling by law has been adopted, for which the chambers meet by right on the first non-holiday day of February and October; when one chamber is convened in an extraordinary way, the other is also called. The two chambers, or only one of them, can be dissolved by the president of the republic, after hearing the respective presidents. Rejected the proposal to create a National Assembly, a permanent super chamber formed by the union of the two chambers, the procedure of the meeting of the parliament in joint session of the two chambers was adopted, under the presidency of the president of the chamber, in cases strictly provided for by the constitution. The autonomy of the chambers in their functioning has been strengthened, having ceased the interference introduced by fascism, of the head of government on their agenda and his power to request a new vote or review of rejected bills. The institution of the authorization to proceed is also extended to senators, for whom the forum privilege established by the High Court of Justice has been suppressed; the obligation to take an oath has disappeared for deputies and senators.

Italy New Constitution 2