Law of Italy

Last updated

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 (hierarchy of sources).

Contents

The Constitution of 1948 is the main source. [1] The Italian Civil Code is based on codified Roman law with elements of the Napoleonic civil code and of the German BGB. The civil code of 1942 replaced the original one of 1865. [2] The penal code ("The Rocco Code") was also written under fascism (1930).

Roman law Legal system of Ancient Rome (c. 449 BC - AD 529)

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman Emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

Both the civil code and the penal code have been modified in order to be in conformity with the current democratic constitution. [3]

Legislative power

117 article of the Constitution of Italy shares legislative power, according to the concerned matters, between Italian Parliament [4] and regional councils. While a law ratified by the national Parliament is simply called legge and is enforced on the whole country, laws ratified by regional councils are named leggi regionali (regional laws) and can be applied only in the concerned region. [5]

Constitution of Italy supreme law of Italy

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 15 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, at the same time as a referendum on the abolition of the monarchy. The Constitution came into force on 1 January 1948, one century after the Statuto Albertino had been enacted. Although the latter remained in force after Benito Mussolini's March on Rome in 1922, it had become devoid of substantive value.

Italian Parliament legislature of Italy

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 Sardinia (1848–1861) and the Parliament of the Kingdom of Italy (1861–1946). It is a bicameral legislature with 945 elected members and a small number of unelected members (parlamentari). 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 of Italy.


See also

Italian law codes

Related Research Articles

President of Turkey head of state and of government of Turkey

The President of the Republic of Turkey is the head of state and head of government of the Republic of Turkey. Following the 2018 general election, the incumbent office-holder assumed the role of an Executive President and holds both ceremonial and executive status. In this capacity, the President represents the Republic of Turkey, and the unity of the Turkish nation, as well as ensuring the implementation of the Constitution of Turkey and the organized and harmonious functioning of the organs of state. The articles from 101 to 106 of the Constitution establish all the requirements, election, duties, and responsibilities for the office of the President. The office of the President of Turkey was established with the proclamation of the Republic of Turkey on 29 October 1923. The President of Turkey is often referred to as the Cumhurbaşkanı, meaning 'President of the People'.

A decree is a rule of law usually issued by a head of state, according to certain procedures. It has the force of law. The particular term used for this concept may vary from country to country. The executive orders made by the President of the United States, for example, are decrees. In non-legal English usage, however, the term refers to any authoritarian decision. Documents or archives in the format of royal decrees or farming were issued by rulers.

Prime Minister of Lebanon

The Prime Minister of Lebanon, officially the President of the Council of Ministers, is the head of government and the head of the Council of Ministers. The Prime Minister is appointed by the President of Lebanon, with no confirmation needed from the Parliament of Lebanon. By convention, he is always a Sunni Muslim.

LGBT rights by country or territory Wikimedia list article

Laws affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction — encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

Egyptian Constitution of 1971

The Constitution of the Arab Republic of Egypt was the former constitution of Egypt. It was adopted on 11 September 1971 through a public referendum. It was later amended in 1980, 2005, and 2007. It was proclaimed to update the democratic representative system in assertion of the rule of law, independence of the judiciary, and party plurality. On 13 February 2011, the Constitution was suspended following the resignation of President Hosni Mubarak as a result of the 2011 Egyptian Revolution. On 30 March 2011, it was officially voided after a new provisional constitution was passed by the country's ruling Supreme Council of the Armed Forces.

The Republic of Iraq's legal system is in a period of transition in light of the 2003 invasion that led to the fall of the Baath Party. Iraq does have a written constitution, as well as a civil, criminal and personal status law. In September 2008, the Iraqi Legal Database, a comprehensive database that makes all Iraqi positive law freely available to users online, was launched.

LGBT rights in San Marino

Lesbian, gay, bisexual, and transgender (LGBT) persons in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Sources of law are the origins of laws, the binding rules that enable any state to govern its territory.

The use of capital punishment in Italy has been banned since 1889, with the exception of the period 1926–1947, encompassing the rule of Fascism in Italy and the early restoration of democracy. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where it was historically abolished in 1786. It is currently out of use as a result of the adoption of the current constitution, and defunct as of 1 January 1948.

Law of California The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law.

The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law.

The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in international waters. It is also applicable to the Spanish armed forces worldwide. Spanish law stems from the Spanish people through democratically elected institutions. Equally, part of the legislation comes from the supranational institutions of the European Union, which also enjoy democratic legitimacy.

Bangladesh is part of the common law jurisdiction. It is a member of the Commonwealth of Nations. The legal system of Bangladesh has its roots in the laws of British India. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.

San Marino has recognized civil unions for both same and opposite-sex couples since 5 December 2018. The law to permit civil unions became fully operational on 11 February 2019, following a number of further legal and administrative changes.

Supreme Court of Albania

The Supreme Court of the Republic of Albania is the highest court of Albania and is the final court of appeal in the judicial system of Albania. It is composed of seventeen judges, the Chief Justice and sixteen Members.

Constitution of Turkey constitution

The Constitution of the Republic of Turkey, also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its responsibilities in regards to its citizens. The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise of sovereignty that belongs to the Turkish people.

Politics of France Overview of Frances government and democratic system

The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789."

Council of Ministers of Lebanon

The Council of Ministers of Lebanon is the executive body of the Republic of Lebanon. Its president is the Prime Minister of Lebanon, and it appointed by the President of Lebanon with confirmation of the Parliament of Lebanon. It is generally equally composed of Muslims and Christians. The Council of Ministers is considered to be the "government" of Lebanon by the Constitution.

Scandinavian law, alternatively known as Nordic Law is the law of the five Nordic countries, namely Denmark, Finland, Iceland, Norway and Sweden. It is generally regarded as a subgroup of civil law or as an individual legal body in itself. Prior to the 19th century, the European countries were independent in their administering and legality. However, in 1872, the Nordic countries organised legislative cooperation. Especially in areas of contracts and commerce, as well as those concerned with family, nationality and extradition, the five states have obtained uniform legislation.

References

Information Sources in Law is a book.

Bowker-Saur was a publisher and former operating company owned by Reed Elsevier plc.

  1. https://www.loc.gov/law/help/guide/nations/italy.php
  2. https://www.loc.gov/law/help/guide/nations/italy.php
  3. https://www.loc.gov/law/help/guide/nations/italy.php
  4. Occasional parliamentary majorities can have serious distortive effects on the legislation, such as ignoring warnings of qualified organs regarding the lack of an administrative or financial cover for certain provisions: Buonomo, Giampiero (2012). "Nei disegni di legge di conversione solo emendamenti "in tema"". Guida agli enti locali.  via  Questia (subscription required)
  5. Articolo 117, Senate of the Republic official website: www.senato.it