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THE CONSTITUTION OF THE REPUBLIC OF ITALY (ON THE 60TH ANNIVERSARY OF ITS ADOPTION)

100%
Witkowski Z.
Przegląd Sejmowy
|
2007
|
issue 6(83)
11-20
EN
The author analyzes the social and political situation in Italy after 1945. He gives the reasons that caused the holding of constitutional referendum in June 1946 and, than, the convergence of attitudes among leading political forces in reviving Italy about the fundamental values a basis which had to provide a basis for the system of government of a new republic. The article also provides an analysis of the impact of the Catholic-Democratic, Liberal-Democratic and Socialist-Marxist traditions on the content of the new constitution. The author makes an attempt to indicate an extent of the contribution of each of these traditions on such content and to describe the real place of that constitution among the national basic laws of those days. Its role was undoubtedly significant.
2
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THE ORIGINS AND EVOLUTION OF THE CONSTITUTION OF THE ITALIAN REPUBLIC

80%
Vergottini d. G.
Przegląd Sejmowy
|
2007
|
issue 6(83)
13-44
EN
The author gives an analysis of circumstances in which the political systems and constitutional orders linked to them took place after World War II. As concerns Italy, he shares the position, prevailed in the doctrine, that it has not suffered the same fate as Germany and Japan nor has it been forced to implement a particular constitutional model, and that the Italian constitution was a result of decisions taken by national legislators. In Italy, the allies had left to the National Liberation Committee a relatively wide discretion in shaping a new, democratic system of government.. The author presents the trends in development of constitutions in the West and East of Europe, and indicates main differences between the Eastern and Western formulas of democracy. He also examines the changes of the form of the state and its government in the context of continuity of the Italian State as well as the main phases of the evolution of the basic law of 1947 until today. He provides a critical analysis of a constant Italian discussion on the reform of the system of government, including the constitutional debate taken in parliament of 15th term, particularly on how to improve the system to guarantee equality of both chambers of parliament and to strengthen the role of the government.
3
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CONTINUITY AND CHANGE IN THE ITALIAN CONSTITUTION

80%
Bartole S.
Przegląd Sejmowy
|
2007
|
issue 6(83)
79-93
EN
The author provides an analysis of the constitution by way of examination of the extent in which it maintains the value of continuity, in the face of complete transformations covering the constitution from the perspective of 60 years of its existence and the change of the republican system of Italian government. He also examines if, and to what extent, the jurisprudence of the Constitutional Court and interpretation of the provisions of the constitution by the parliament change the constitution, creating the so-called live constitution which, sometimes, does not comply with the original provisions of the basic law, but makes it possible to enact considerable modifications within he limits of the existing legal system.
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