Constitutional Laws Of Italy
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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 Procedure The Constitution of Italy, as a rigid constitution, overrules other laws and cannot be repealed or amended by them.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 ...
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Law Of Italy
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ...
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2006 Italian Constitutional Referendum
A constitutional referendum was held in Italy on 25 and 26 June 2006. The reforms were proposed and initially approved during Berlusconi II and III cabinet between October 2004 and November 2005. If ultimately approved by referendum, in continuation with the 2001 constitutional enacted modifications, these reforms would have substantially completed the transformation of Italy from a unitary state into a federal republic. Political background, proposed changes and outcome Second confirmatory referendum in Italian republican history, launched on the initiative of the center-right legislature XIV, it aimed at modifying the second part of the Constitution of Italy in several respects. The constitutional law revision, approved by an absolute majority of the members of the Italian Parliament, according to the provisions of art. 138 of the constitution, had opened the possibility to the request for confirmation by one of the three subjects provided for by the article. This request ...
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Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ...
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Aosta Valley
, Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French , demographics_type1 = Citizenship , demographics1_footnotes = , demographics1_title1 = Italian , demographics1_info1 = 95% , demographics1_title2 = , demographics1_info2 = , demographics1_title3 = , demographics1_info3 = , timezone1 = CET , utc_offset1 = +1 , timezone1_DST = CEST , utc_offset1_DST = +2 , postal_code_type = , postal_code = , area_code_type = ISO 3166 code , area_code = IT-23 , blank_name_sec1 = GDP (nominal) , blank_info_sec1 = €4.9 billion (2018) , blank1_name_sec1 = GDP per capita , blank1_info_sec1 = €38,900 (2018) , blank2_name_sec1 = HDI ...
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Sardinia
Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label=Algherese and Catalan) is the second-largest island in the Mediterranean Sea, after Sicily, and one of the 20 regions of Italy. It is located west of the Italian Peninsula, north of Tunisia and immediately south of the French island of Corsica. It is one of the five Italian regions with some degree of domestic autonomy being granted by a special statute. Its official name, Autonomous Region of Sardinia, is bilingual in Italian and Sardinian: / . It is divided into four provinces and a metropolitan city. The capital of the region of Sardinia — and its largest city — is Cagliari. Sardinia's indigenous language and Algherese Catalan are referred to by both the regional and national law as two of Italy's twelve officially recognized linguistic minorities, albeit gravely endangered, while the regional law provides ...
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Sicily
(man) it, Siciliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = Ethnicity , demographics1_footnotes = , demographics1_title1 = Sicilian , demographics1_info1 = 98% , demographics1_title2 = , demographics1_info2 = , demographics1_title3 = , demographics1_info3 = , timezone1 = CET , utc_offset1 = +1 , timezone1_DST = CEST , utc_offset1_DST = +2 , postal_code_type = , postal_code = , area_code_type = ISO 3166 code , area_code = IT-82 , blank_name_sec1 = GDP (nominal) , blank_info_sec1 = €89.2 billion (2018) , blank1_name_sec1 = GDP per capita , blank1_info_sec1 ...
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Constitutional Court Of Italy
The Constitutional Court of the Italian Republic ( it, Corte costituzionale della Repubblica Italiana) is the highest court of Italy in matters of constitutional law. Sometimes, the name ''Consulta'' is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome. History The court is a post-World War II innovation. The Court was established by the republican Constitution of Italy in 1948, but it became operative only in 1955 after the enactment of the Constitutional Law n. 1 of 1953 and the Law n. 87 of 1953. It held its first hearing in 1956. Powers According to Article 134 of the Italian Constitution, the Court shall pass judgement on * controversies on the constitutional legitimacy of laws issued by the State and Regions and when the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling; * conflicts arising from allocation of powers of the State and those powers allocated to State a ...
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Regions Of Italy
The regions of Italy ( it, regioni d'Italia) are the first-level administrative divisions of the Italian Republic, constituting its second NUTS administrative level. There are twenty regions, five of which have higher autonomy than the rest. Under the Italian Constitution, each region is an autonomous entity with defined powers. With the exception of the Aosta Valley (since 1945) and Friuli-Venezia Giulia (since 2018), each region is divided into a number of provinces (''province''). History During the Kingdom of Italy, regions were mere statistical districts of the central state. Under the Republic, they were granted a measure of political autonomy by the 1948 Italian Constitution. The original draft list comprised the Salento region (which was eventually included in Apulia); ''Friuli'' and ''Venezia Giulia'' were separate regions, and Basilicata was named ''Lucania''. Abruzzo and Molise were identified as separate regions in the first draft, but were later merged into ''Abru ...
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Popular Sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any particular political implementation.Leonard Levy notes of the "doctrine" of popular sovereignty that it "relates primarily not to the Constitution's ctualoperation but to its source of authority and supremacy, ratification, amendment, and possible abolition" (Tarcov 1986, v. 3, p. 1426). Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns". Origins Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Rousseau authored a book titled ''The Social Contract'', a prominent political work that ...
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Head Of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more (such as the president of the United States, who is also commander-in-chief of the United States Armed Forces). In a parliamentary system, such as the United Kingdom or India, the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco. In contrast, ...
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Constituent Assembly Of Italy
The Italian Constituent Assembly (Italian: ''Assemblea Costituente della Repubblica Italiana'') was a parliamentary chamber which existed in Italy from 25 June 1946 until 31 January 1948. It was tasked with writing a constitution for the Italian Republic, which had replaced the Kingdom of Italy after the 1946 Italian institutional referendum. The assembly 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. History On 2 June 1946 the first free election since 1924, was held in Italy. The vote was allowed to all over 21, females being allowed to vote for the first time. Voters received both a ballot for the choice between Republic or Monarchy, and one for the election of the deputies of the new Constituent Assembly; the latter would have the task to write a new constitutional chart, as established by a decree of 16 March 1946. The referendum was won by a move to a Republic with ...
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