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The institutions of constitutional importance of the Republic of Italy (Italian : 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. [1]
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. [1] 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. [1]
Currently there are five institutions of constitutional importance: [1] [2]
Federalism is a mixed or compound mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the trias politica model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems, where the executive and legislative branches overlap.
The Government of Italy is in the form of a democratic republic, and was established by a constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as a Head of State, or President.
The regions of Italy are the first-level administrative divisions of the Italian Republic, constituting its second NUTS administrative level. There are twenty regions, five of which have larger autonomy than the rest. Under the Italian Constitution, each region is an autonomous entity with defined powers. With the exception of the Aosta Valley and Friuli Venezia Giulia, each region is divided into a number of provinces (province).
The Constitution of the Czech Republic is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 January 1993, replacing the 1960 Constitution of Czechoslovakia and the constitutional act No. 143/1968 Col., when Czechoslovakia gave way to the Slovak Republic and the Czech Republic in a peaceful dissolution.
A referendum, in the Italian legal system is a request directed to the whole electorate to express their view on a determined question. It is the main instrument of direct democracy in Italy.
The Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG), which includes the most important federal constitutional provisions.
The Italian Parliament is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transitional National Council (1943–1945) and the Constituent Assembly (1946–1948). It is a bicameral legislature with 945 elected members and a small number of unelected members. The Italian Parliament is composed of the Chamber of Deputies and Senate of the Republic. The two Houses are independent from one another and never meet jointly except under circumstances specified by the Constitution. Following a referendum on 21 September 2020, the number of MPs in the Parliament will be reduced from 630 to 400 in the Chamber of Deputies and from 315 to 200 in the Senate starting with the next legislature.
The Constitution of the Italian Republic 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. 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.
The president of Italy, officially denoted as President of the Italian Republic, is the head of state of Italy. In that role, the president represents national unity, and guarantees that Italian politics comply with the Constitution. The president is the commander-in-chief of the Italian Armed Forces and chairs the High Council of the Judiciary. A president's term of office lasts for seven years. The incumbent president is former constitutional judge Sergio Mattarella, who was elected on 31 January 2015, and re-elected on 29 January 2022.
A supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services.
The law of Italy refers to the system of law across the Italian Republic. The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source.
Parliamentary sovereignty is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law or by precedent.
A constitutional referendum was held in Italy on 4 December 2016. Voters were asked whether they approved a constitutional law that amends the Italian Constitution to reform the composition and powers of the Parliament of Italy, as well as the division of powers between the State, the regions, and administrative entities.
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".
The High Council of the Judiciary 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.
The constitutional institutions of Italy are institutions of the Italian Republic which are defined in the constitution.
The Court of Audit 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.
The Supreme Council of Defence is an Italian institution of constitutional importance which controls the Italian Armed Forces.
