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Institution Of Constitutional Importance (Italy)
The institutions of constitutional importance of the Italian Republic ( it, organi di rilievo costituzionale della Repubblica Italiana) are those institutions which are mentioned by the Constitution of Italy, but are not directly defined by it. Characteristics Unlike the constitutional institutions of Italy, the institutions of constitutional importance do not take part in the so-called "political process"; they do not directly determine the goals the state will pursue, but are supplementary to those goals. The institutions of constitutional importance contribute to the maintenance of the democratic order and are therefore also called "auxiliary institutions" (''organi ausiliari''). Unlike constitutional organs, they can be abolished altogether, although this would require a constitutional law Although these institutions are mentioned in the constitution, it is left to the ordinary law to define their organisation, their structure and their powers. List of institutions of co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Italy
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held, and it was formed by the representatives of all the anti-fascist forces that contributed to the defeat of Nazi and Fascist forces during the Italian Civil War. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted. Constituent Assembly Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Institutions (Italy)
The constitutional institutions of Italy ( it, organi costituzionali italiani) are institutions of the Italian Republic which are defined in the constitution. Characteristics In Italian jurisprudence, these are defined as the essential and immutable institutions of the State, which are foreseen as existing by the Italian constitution and whose fundamental powers and organisation are directly defined by the constitution. They have a relationship of mutual parity and they take part in the so-called "political process" (''funzione politica''), that is, they directly determine the goals to be pursued by the state. Because these institutions are directly defined by the constitution, codification of any of them is a modification of the constitution and therefore requires the passage of a constitutional law. Their very existence, however, constitutes a limit on the modification of the constitution. The institutions The constitutional institutions are: * The President of the Republic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Laws Of Italy
A constitutional law, in the Italian legal system, is an Act of Parliament that has the same strength as the Constitution of Italy. This means that in case of conflicts between the Constitution and a constitutional law, the latter normally prevails, according to the legal principle that "a later law repeals an earlier law" (''lex posterior derogat priori''). Constitutional laws that alter or abolish portions of the text of the Constitution are also called ''leggi di revisione costituzionale'' (laws amending the Constitution). They are equivalent to amendments to the Constitution of other legal systems (e.g., the United States or Ireland). Procedure The Constitution of Italy, as a rigid constitution, overrules other laws and cannot be repealed or amended by them. Article 138 of the Constitution provides for a special procedure for the Parliament to adopt constitutional laws, including laws to amend the Constitution. Compared to other systems with rigid constitutions, the proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ordinary Law
An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions. (For example, the Constitutional Court of Spain has ruled that Spain's Organic Law (Spain), Organic Laws are not hierarchically superior to ordinary laws, but simply apply to different matters.Sentencia de 13 de febrero de 1981, Tribunal Constitucional de España) Ordinary laws often govern areas beyond the scope of constitutional or organic laws. Normally, in a democracy, an ordinary law must first obtain a majority, simple majority of a congress, parliament, or other legislature, and then be signed into law by the representative of executive power. The process leading to a legislative vote may vary vastly from one jurisdiction to another: the process may b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Council For Economics And Labour
The National Council for Economics and Labour (in italian, ''Consiglio nazionale dell'economia e del lavoro'' or CNEL) is a constitutional organ provided for by Article 99 of Constitution of Italy and established in 1957. The CNEL is an assembly of experts that advises the Italian government, Parliament and the regions, and promotes legislative initiatives on economic and social matters. The 2016 Italian constitutional referendum tried to abolish it, but the reform was rejected. Composition Article 99 of the Constitution of Italy lays down that "the National Council for Economics and Labour is composed, as set out by law, of experts and representatives of economic categories in such proportions as to take account of their numerical and qualitative importance". Elections of members of the CNEL are held under Law n. 936 of 30 December 1986. In accordance with Law no. 214 of 2011 the CNEL is composed of 65 members: * the President of the CNEL, nominated by the President of the Itali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Italian Council Of State
The Consiglio di Stato ( en, Council of State) is a legal-administrative consultative body that ensures the legality of public administration in Italy. The council has jurisdiction on acts of all administrative authorities, except when these authorities lack discretionary power, in which case the dispute is considered to be one of civil law. Authority The council derives its authority and powers from several articles in the Constitution of Italy. Article 100: :: ''The Council of State is a legal-administrative consultative body and ensures the legality of public administration.'' Article 103: :: ''The Council of State and the other organs of judicial administration have jurisdiction for safeguarding before the public administration legitimate rights and, in particular matters laid out by law, also subjective rights.'' Article 111: :: ''Appeals to Cassation against decisions of the Council of State and the Court of Accounts are permitted only for motives arising from judicial fl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Audit (Italy)
The Court of Audit ( it, Corte dei conti) is an Italian Court of Audit, an institution of constitutional importance, established by Articles 100 & 103 of the Constitution of Italy, which is among the supplementary institutions of the government. The Court of Audit has consultative, review, and jurisdictional functions. History Although its organisation and powers have changed over time, the Court of Audit dates back to the early years of the Italian state. It was instituted by Law no.800 of 14 August 1862, in order to monitor the administration of the state, and was inaugurated at Turin on 10 October 1862. The Court is the heir of institutions which monitored public finances before the Unification of Italy, such as the Chamber of Audit (''Camera dei conti'') of the Duchy of Savoy and then the kingdom of Sardinia, established in 1351 and replaced in 1859 by the Court of Audit (''Corte dei conti'') on which the Italian institution of 1862 was closely modelled. Other precursors inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Council Of The Judiciary (Italy)
The High Council of the Judiciary ( it, Consiglio superiore della magistratura, or CSM) is an Italian institution of constitutional importance, which regulates the Ordinary Judiciary of Italy. The High Council is based in the Palazzo dei Marescialli, in Piazza Indipendenza 6. History The council was first named in Article 4 of law 511 of 1907, which instituted it along with the Ministry of Justice, essentially as a consultative organ, with a largely administrative role in the naming of individual officials within the judiciary. A few months later, Giovanni Giolitti's government passed law 689 of 1907 which defined the new council. Although, obviously, it was to run the judiciary in the name of King of Italy, its members were arranged as dependents of the government. The council's functions remained largely unchanged until the Constitution of the Italian Republic of 1947, which radically transformed the council from a consultative-administrative organ of a ministry into a self ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Council Of Defence (Italy)
The Supreme Council of Defence ( it, Consiglio Supremo di Difesa) is an Italian institution of constitutional importance which controls the Italian Armed Forces. History The Italian Constitutional Convention of 1947, mindful of High Commissions of Defence of the statuary tradition and taking inspiration from the High Council of National Defence of the Fourth French Republic, gave the President of Italy, as Head of State, the role of President of the High Council of Defence, along with several other roles. The Constitution did not state how this council would be organised or what its powers were, leaving this for the Italian Parliament to determine. The Consiglio Supremo di Difesa was created by Law no. 624 of 28 July 1950, during the Korean War, in light of fear that the conflict might spread to Europe. The ultimate responsibility for political and technical matters of national security was given to its members: the President, the Prime Minister, the Minister of Defence, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Body
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
