Issue no. 1 - 2018 January / March


«The Great Voices from Afar»: Constituent Ideals and Constitutional Norms

  In these introductory pages, salient aspects of the long preparatory works on the Constitution are explored, highlighting the significance of the examination of cultural sources and of the constituent ideals registered within the constitutional norms, which are the subject of the contributions published in this special issue of the Rivista.

The Principle of Equality: Political Cultures and Constitutional Debate

Equality assumed constitutional status with its enshrining in Article 3, paragraphs 1 and 2. This constitutional principle of equality was elaborated by prominent Socialist, Catholic and Communist figures in the Constituent Assembly, who drew upon their own experiences and reflections as well as on the debate surrounding the Beveridge Report. The article aims to retrace

Education and the Italian Constitution: Roots, Topics and Outcomes

The article aims to provide an overview of the Italian Constituent Assembly’s debate on education, school and teaching. The first part describes the political and cultural roots of the Italian pedagogical debate and the positions expressed in the Assembly by its most significant political and intellectual members. This discussion highlights both the central role played

Between Discontinuities and Survival. The Legacy of Corporatism in Constituent Culture

The end of the Fascist regime led to the decline of the corporative model, one of the core structures upon which Fascist propaganda and institutional revolution had developed. Unanimously condemned, corporatism was quickly erased from public discourse, but continued to influence political life and legal thought in Italy throughout the late 1940s. On one hand,

Management Boards: the Aspirations of the Resistance and Constitutional Norms

The issue of workers’ participation in company management reached the Constituent Assembly after a period of renewed centrality during the Resistance, when, in an attempt to create a new model of economic development, it was decided to establish management boards. The theme was at the core of the political, legal and economic debate throughout the

Liberalism and Economic Planning in Italian Constituent Culture

In studying the Italian constitutional culture on economic planning, the context (here, the years between 1943 and 1948), which was characterized by the contingencies of a wartime economy and the rediscovery of political freedom, requires a prior examination of the term «planning» meant in political debates. On one hand, it could indicate the interventions to

Disciplining Parties: Constitutional Cultures Compared

The constitutional role of political parties is one of the most typical features of the European constitutions of the second half of the twentieth century, requiring the elaboration of a constitutional notion of the political party. This article therefore aims to examine this conceptual elaboration in Italy, in the years between 1943 and 1948, beginning

The «unstable» foundations of constitutional bicameralism

This article aims to describe how the two-chamber solution developed and the reasons for its establishment, to shed light on the historical roots of this institutional framework. Three phases are identified: the pre-constituent debate, the ideas contained in the documents of the Ministry for the Constituent Assembly on the structure of the legislative chambers, and

The Figure and Role of the Head of State in the Prerepublican Debate (1943-1947)

With regard to the figure of the Head of State, this article analyzes, first of all, the positions that emerged during the public discussions held between the fall of Fascism in 1943 to the institutional referendum of 1946, especially among the political forces. Next, the article examines the most significant contributions provided by the members

The «Nightmare of the Dictatorship of the Past» and Trust in the Government

The article traces the development of the Parliamentary motion of confidence in the Italian legal system. The motion, as a tool for regulating relations between the Parliament and the Government, gradually acquired constitutional significance, even without any written provisions to the effect, as early as 1848. The twenty years of Fascism and the consequent suppression

Before and After the Constituent Assembly: the Weak Government

The word «Government», understood as institution, is not used in the Statuto Albertino. It began to appear in scholarly debate at the end of the 1800s, influenced by other European models. The First World War was the era of «leading governments». The reform magnified the Presidency of the Council, with the Parliament becoming relegated to

Towards the Independence of the Judiciary (1944-1948)

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


The Alternate Fortunes of «L’Ordinamento giuridico» by Santi Romano

«L’Ordinamento giuridico» by Santi Romano is a work that, as may be known, has earned its author great success posthumously; however, it should not be forgotten that the book was initially met with silence and much criticism. Today, it is possible to recognize that this work, far from being a contribution of general theory as

Book Review

Vincenzo DI CATALDO, A che cosa serve il diritto, Bologna, il Mulino, 170 p., ISBN: 9788815273840 (Elisa D’Alterio)
Vittorio COCO, Polizie speciali. Dal fascismo alla repubblica, Roma-Bari, Laterza, 2017, 219 p., ISBN: 9788858129135 (Guido Melis)
Sergio LUBELLO, La lingua del diritto e dell’amministrazione, Bologna, il Mulino, 2017, 271 p., ISBN: 9788815265449 (Hilde Caroli Casavola)
Katalin KELEMEN, Judicial Dissent in European Constitutional Court. A Comparative and Legal Perspective, Routledge, Oxford-New York, 2018, 207 p., ISBN: 9781472482235 (Aldo Sandulli)
Ronald C. KEITH, Zhiqiu LIN e Shumei HOU, China’s Supreme Court, Londra e New York, Routledge, 2016, 227 p., ISBN: 9781138657175 (Giorgio Mocavini)
Note bibliografiche a cura di Francesco Albisinni, Hilde Caroli Casavola, Bruno Carotti, Sveva Del Gatto, Fabio Di Cristina, Rita Perez, Giuseppe Sciascia, Giulio Vesperini

News and Recent Events

A Conference on Actuality of the Constituent Work (Vicenzo Desantis)
A meeting on «Public law and private law in public administration» (Ludovica Sacchi)
A Conference on Public Management at Luiss University (Simone Neri)
The General States of the Landscape (Michele Bray)
The Legal Regime of Motorways (Alessandra Salvato)