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The control of constitutionality in Italy

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The Constitution of Italy was formed in 1947. Italy formally knew only one Constitution, the statute known as Albertin that referred to the king of Sardaigne Charles-Albert. It fixed the principles of a liberal monarchy. The coming to power of Mussolini - without coup d'etat (coup) - involved a progressive Fascism of the mode which crumbled during the Release of the Italian peninsula. The Christian Democrat and the moderate Marxist left preached the abolition of the royalty and defended an antifascist design of the State.

The following text highlights logic of centrality of the Parliament. During the decade of 1990, a succession of revisions of the same constitution was contrary to logic of governability of the country. The Italian Constitution diffusely affirmed the basic rights and political freedoms of the citizens and the citizens were put on a plan of perfect equality. Moreover, the text of 1947 constitutionalzed the social change and aimed at the ?material and spiritual progress of the company? (Article 4). It stresses on the social and economic rights and on their effective guarantees.

The spirit of this text betrays an anti-authoritative design of the State and a clear will to break definitively with the years of fascistic totalitarianism. It explains the distrust with respect to a strong executive and confidence in a parliamentary mode with a flexible separation of the capacities which is translated in the organization of the Republic. To moderate the parliamentary absolute power, the Constitutional court was created. We will see how it was gradually installed after a long debate and how it operated to control the constitutionality in Italy today.

Tags: Constitution of Italy, Albertin, Sardaigne Charles-Albert, Fascism, Christian Democrat, Italian Constitution, anti-authoritative design

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