Towards the Independence of the Judiciary (1944-1948)

By Antonella Meniconi

The long-standing history of the judiciary, of which the so-called «Grandi » law of 1941 was the epilogue, left the new democratic state, in its transition from Fascism to democracy, with a problematic legacy. The Italian Constitution was, in general, the result of a convergence between Catholics, Communists and Socialists; however, on the theme of justice, an important exception may be identified. Indeed, in this field, the contribution of experts such as Piero Calamandrei, who had elaborated his own conception of self-government as early as 1921, and the role of the high judiciary, which influenced the work of the Constituent Assembly at different stages, were decisive. The final text reflected the judiciary’s attainment of autonomy, while remanding the question of its full independence to the future.