Constitution of Italy

The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) is the set of rules that help guide Italy. It was made after World War II.

The Constitution was officially approved on 22 December 1947 by the Constituent Assembly. It became active on 1 January 1948.

The Constituent Assembly was made up of representatives chosen by the people. They were chosen during an election on 2 June 1946. On that same day, people also voted to end the monarchy and become a republic.

The election happened across most of Italy, but some areas in the north were still under control by other countries at the time. These places included provinces of Bolzano, Gorizia, Trieste, Pola, Fiume, and Zara. By 1947, many of these places had become part of another country, Yugoslavia. The Constitution has been changed a few times since it was first created, but it still helps guide how Italy is run today.

Constituent Assembly

Further information: Assemblea Costituente and 1946 Italian general election

A professor named Piero Calamandrei said that the Italian constitution was created where brave people fought for freedom during World War II.

The group that made Italy's constitution had many different people. They all agreed on one thing: they did not want a government that told everyone what to do. They wanted leaders to listen to the people.

The group had 556 members, including 21 women. They came from many areas, such as politics, philosophy, and fighting for freedom. Their ideas helped shape the constitution, balancing ideas about families and workers' rights.

Provisions

The Constitution of Italy has 139 articles, split into three main parts: Fundamental Principles, Rights and Duties of Citizens, and Organisation of the Republic. It also includes 18 Transitory and Final Provisions.

The Constitution mainly contains general ideas that need more laws to be used. The process to fully use these ideas has taken many years and is still going on because of political issues.

Preamble

The preamble to the Constitution states its starting words.

Fundamental Principles (Articles 1–12)

The Fundamental Principles explain the bases of the Republic, starting with its democratic nature. The sovereignty belongs to the people, who use it within the rules of the Constitution. The Principles say that every person has dignity and should be treated equally without difference of sex, race, language, religion, or personal conditions. The right to work is recognised, with work seen as important for the Republic.

The Principles also support science, technology, and cultural development and protect the environment, history, and art. The State and the Catholic Church are seen as separate and independent within their own areas. Freedom of religion is recognised, and all religions have the right to organise themselves as long as they follow the law.

The Principles mention international law and the rights of foreigners, including the right of asylum for people who are denied freedoms in their home country or accused of political crimes. They also reject war of aggression and support international groups working for peace and justice among nations.

The last of the Principles makes the Italian tricolour the flag of Italy: green, white, and red, in three vertical bands that are the same size.

Rights and Duties of Citizens (Articles 13–54)

Civil Relations (Articles 13–28)

Articles 13–28 talk about basic rights such as habeas corpus, presumption of innocence, and the right to a fair trial. Every citizen is free to travel inside and outside the country, with limits only for health and safety reasons. Citizens have the right to gather peacefully without weapons, with notices needed for big meetings in public places.

Freedom of expression, press, and religion are protected in public places, except for things that break public morality. Every citizen is safe from political persecution and cannot be made to pay money or face other problems because of their beliefs. The right to a fair trial is protected, and group punishments are not allowed. The death penalty and cruel or unusual punishments are not allowed.

Public workers and groups are responsible under law for any wrong things they do.

Ethical and Social Relations (Articles 29–34)

The Constitution sees the family as a natural group based on marriage, with the law protecting the family’s unity. Parents have the right and duty to raise and teach their children. Health is a basic right, with free medical care for those who need it.

Freedom of education is protected, with free and required primary education for at least eight years. Higher levels of education are a right for students who are able and deserve it, no matter how much money they have.

Economic Relations (Articles 35–47)

The Republic supports all kinds of work, helping with training and chances for workers to improve their skills. Forced work is not allowed, and workers have the right to a salary that matches their work and a minimum wage to live well. The law sets the longest work hours each day, the right to a day off each week, and paid time off each year.

Trade unions can be started freely, and the right to strike is recognised within the rules of the law. The Constitution supports free business, as long as it does not hurt the common good, safety, freedom, human dignity, health, or the environment. The Republic makes rules for public and private-sector economic work to guide it toward social and environmental goals.

Political Relations (Articles 48–54)

Article 48 gives the right to vote to every citizen, male or female, at home or abroad, who is old enough. Voting is a duty, and the law must make sure every citizen can use this right. The right to vote cannot be taken away except for serious legal reasons.

Political groups can be started freely, and people can ask Parliament for help to support the democratic process. Every citizen can hold public office under the rules set by law. The Republic works to make chances equal for men and women and for Italians living outside the country.

Article 52 says that defending the homeland is an important duty for every citizen. National service is done as the law says. The Constitution sets a system of taxes where each person pays based on what they can afford. Every elected leader must support the Republic and follow its Constitution and laws.

Organisation of the Republic (Articles 55–139)

Power is split among the leaders, makers of laws, and judges, with the Constitution making sure these groups work together well.

Parliament (Articles 55–82)

The Houses (Articles 55–69)

Article 55 sets up Parliament as two groups, the Chamber of Deputies and the Senate of the Republic, chosen every five years. The Chamber of Deputies is chosen by everyone voting directly, with 400 deputies, eight of whom are chosen outside the country. The Senate of the Republic is also chosen by everyone voting directly, with 200 senators, four of whom are chosen outside the country. There are also some senators for life, like past Presidents, and people chosen by the President of the Republic for doing great things for the nation.

Rules about who can be a deputy or senator are set by law. Members of Parliament cannot be punished for things they say or vote for when doing their job and cannot be searched, arrested, or held without the approval of their group, except when caught doing a crime in flagrante delicto.

Legislative Process (Articles 70–82)

Article 70 gives the legislative power to both groups, with ideas for laws started by the Government, members of Parliament, and other groups as the Constitution says. After both groups agree to a law, it is made official by the President of the Republic within one month or a time set by an absolute majority of Parliament for important laws. A law is made public right after it is made official and starts working fifteen days later, unless said otherwise. The President can veto a law and send it back to Parliament with reasons. If Parliament agrees to the law again, the President must sign it.

The Constitution allows votes to cancel a law or part of it, when asked by five hundred thousand voters or five Regional Councils. Anyone who can vote for the Chamber of Deputies can vote in these special votes.

The President of the Republic (Articles 83–91)

The President of the Republic is chosen for seven years by Parliament in joint session, with three people from each Region helping. Any citizen over fifty with the right to vote can be chosen as president. The main job of the president is to stand for the whole nation. The president can send messages to Parliament, allow the Government to suggest new laws, make laws official, dissolve Parliament, call special votes, choose officials, accept and send diplomats, agree to international deals, declare war, give pardons, and give special awards.

The Government (Articles 92–100)

The Council of Ministers (Articles 92–96)

The Government of the Republic includes the President of the Council of ministers and the other Ministers. The President of the Republic chooses the President of the Council and, with their advice, the Ministers. All must be approved by both groups to form a Government.

Public Administration (Articles 97–98)

Government groups must keep a balanced budget and a good public debt, following European Union law. Jobs in public administration are given through tests, except in cases set by law.

Auxiliary Bodies (Articles 99–100)

The National Council for Economics and Labour gives advice to Parliament and the Government. The Council of State gives legal advice about how laws are used. The Court of Accounts checks that Government actions are legal and looks at the State budget.

The Judicial Branch (Articles 101–113)

The Organisation of the Judiciary (Articles 101–110)

Article 101 says that justice is done in the name of the people, and judges follow only the law. The group that handles justice is separate and independent from all others. Special judges are not allowed, but special parts of the normal justice system can be made for certain cases.

Rules on Jurisdiction (Articles 111–113)

Jurisdiction is done through due process set by law. The right to a fair trial is protected, with the defendant having the right to know about the charges and to prepare a defence. The person is considered not guilty until proven otherwise, and guilt cannot be decided based on statements from people who will not talk in front of the defendant or their lawyer.

Regions, Provinces, Municipalities (Articles 114–133)

Article 114 says the Republic includes Municipalities, Provinces, Metropolitan Cities, Regions, and the State. The Constitution gives special status to the Regions of Aosta Valley, Friuli-Venezia Giulia, Sardinia, Sicily, and Trentino-Alto Adige/Südtirol. The State has main control over foreign policy, defence, currency, state taxation, and other certain areas. Both the State and the Regions can make laws about some topics, with the State setting the main ideas.

The Regions have the power to make laws about topics not covered by State laws. The work of running things not given to Provinces, Metropolitan Cities, Regions, or the State is given to the Municipalities. Municipalities, Provinces, and Metropolitan Cities also have their own jobs to do, as well as jobs given to them by State or regional laws.

The Constitution lets Municipalities, Provinces, Metropolitan Cities, and Regions manage their own money and spending, but they must keep a balanced budget and follow European Union law. The State gives more money and special help to certain Municipalities, Provinces, Metropolitan Cities, and Regions to help with economic growth and social cohesion and solidarity.

Constitutional Guarantees (Articles 134–139)

The Constitutional Court (Articles 134–137)

Article 134 says the Constitutional Court decides on questions about whether State and Regional laws follow the Constitution, problems between the powers of government, and charges against the President of the Republic.

Amendments to the Constitution. Constitutional Laws (Articles 138–139)

Laws to change the Constitution and other important laws must be voted on two times by each group, with at least three months between votes, and must be approved by a big majority in the second vote. These laws are put to a vote by the people if asked by one-fifth of the members of a group or five hundred thousand voters or five Regional Councils. The law cannot be made official if not approved by most votes. A vote by the people is not needed if the law is approved in the second vote by two-thirds of the members of each group.

Article 139 says the form of the Republic cannot be changed, so trying to bring back the monarchy is not allowed.

Transitory and Final Provisions (Provisions I–XVIII)

The transitory and final rules say the President of the Republic is the temporary Head of State when the Constitution starts. They give a general time plan for using the Constitution and call for choosing Regional Councils and elected groups for areas within one year of the Constitution starting. The change of power from the State to the Regions must be set by law. Provision XII stops the re-forming of the dissolved Fascist party in any way. Even with Article 48, these rules put temporary limits on the right to vote and hold office for past leaders of the Fascist group. Provision XIII stops members and family of the House of Savoy from voting or holding public or elected jobs, and past kings of the House of Savoy, their wives and their male family could not live in the country. Titles of nobility are no longer recognised, but the names from titles before 28 October 1922 are kept as part of the person’s name. When the Constitution starts, a law from 25 June 1944 about how the State is organised for now will become law. The group that made the laws must pass laws about choosing the Senate of the Republic, special rules for areas, and laws about the press, before 31 January 1948. These rules also talk about the jobs of standing groups, law-making groups, and members while they are working. Provision XVIII says the Constitution must be made official by the temporary Head of State within five days of it being approved, and it starts on 1 January 1948. The text of the Constitution will be put in the Town Hall of every town and shown to everyone for all of 1948, so every citizen can see it. The Constitution must be followed exactly as the most important law of the Republic by all citizens and groups of the State.

Amendments

See also: Constitutional laws of Italy and Italian constitutional referendum, 1946; 2001; 2006; 2016; 2020; and 2026

Changing the Constitution of Italy is very hard. Both parts of Parliament must vote on it twice. If the second vote gets more than half but not two-thirds, people may vote on it too. The way the government is set up as a republic cannot be changed.

The Constitution has been changed 16 times. These changes have updated rules about voting, how Parliament works, and powers of local governments. In 2007, it was changed to make the death penalty illegal. In 2012, rules were added to keep the country’s money balanced. In 2020, the number of Parliament members was reduced. In 2021, people could vote for the Senate at age 18. In 2022, laws were added to protect the environment, plants, animals, and natural places.

Notable Members of the Constituent Assembly

Here is a list of important people who were part of the Constituent Assembly:

• Leonetto Amadei (PSI), later President of the Constitutional Court
• Gaspare Ambrosini (DC), a lawyer
• Giorgio Amendola (PCI), a writer
• Giulio Andreotti (DC), later became Prime Minister
• Lelio Basso (PSI), a journalist
• Bianca Bianchi (PSI), a teacher and writer
• Ivanoe Bonomi (GM), a former Prime Minister
• Piero Calamandrei (PdA), a university teacher and author
• Emilio Colombo (DC), later became Prime Minister
• Benedetto Croce (PLI), a philosopher
• Alcide De Gasperi (DC), the current Prime Minister
• Florestano Di Fausto (DC), an architect and engineer
• Giuseppe Di Vittorio (PCI), a union leader
• Luigi Einaudi (PLI), later became President
• Amintore Fanfani (DC), later became Prime Minister
• Vittorio Foa (PdA), a union leader
• Antonio Giolitti (PCI), later became a minister
• Angela Gotelli (DC), a teacher
• Giovanni Gronchi (DC), later became President
• Leonilde Iotti (PCI), later President of the Chamber of Deputies
• Giovanni Leone (DC), later became President
• Girolamo Li Causi (PCI), later leader of the PCI
• Luigi Longo (PCI), later secretary of the PCI
• Emilio Lussu (PdA), a writer
• Gaetano Martino (PLI), later President of the European Parliament
• Bernardo Mattarella (DC), later became a minister
• Teresa Mattei (PCI), a former partisan
• Lina Merlin (PSI), a teacher
• Aldo Moro (DC), later became Prime Minister
• Pietro Nenni (PSI), later Foreign Minister
• Francesco Saverio Nitti (UDN), a former Prime Minister
• Umberto Nobile (PCI), an Air Force General and explorer
• Teresa Noce (PCI), a labor leader and journalist
• Vittorio Emanuele Orlando (GM), a former Prime Minister
• Randolfo Pacciardi (PRI), later Defense Minister
• Ferruccio Parri (PRI), a former Prime Minister
• Giuseppe Pella (DC), later became Prime Minister
• Sandro Pertini (PSI), later became President
• Maria Maddalena Rossi (PCI), a former partisan and journalist
• Paolo Rossi (PSI), later President of the Constitutional Court
• Giuseppe Saragat (PSDI), later became President
• Oscar Luigi Scalfaro (DC), later became President
• Antonio Segni (DC), later became President
• Carlo Sforza (PRI), later Foreign Minister
• Paolo Emilio Taviani (DC), later Interior Minister
• Umberto Terracini (PCI), President of the Constituent Assembly
• Palmiro Togliatti (PCI), the current Justice Minister
• Umberto Tupini (DC), later became a minister