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The Italian Constitution

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Legislation

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The Italian Constitution

The Italian Constitution (Costituzione della Repubblica) is the supreme law of the Italian Republic. It establishes the fundamental principles of the State, guarantees the rights and freedoms of individuals, defines the organisation of public institutions, establishing the democratic institutions of the State,

It provides a special procedure for constitutional amendment designed to protect Italy’s democratic order.and sets limits on the exercise of political power. Official Sources

Normattiva (consolidated text currently in force)
Costituzione della Repubblica Italiana – Normattiva

Gazzetta Ufficiale (Official  Gazette publication text)
Costituzione della Repubblica Italiana – G.U. Serie Generale n. 298 del 27 dicembre 1947

What Is Its Function?

The Constitution performs several key functions:

  1. Constitutive function
    It creates the institutions of the Italian State and allocates powers among them.
  2. Protective function
    It guarantees fundamental rights that ordinary legislation must respect.
  3. Limiting function
    It restricts governmental power and subjects public authorities to the rule of law.
  4. Judicial function
    Through the Constitutional Court, laws that conflict with the Constitution may be declared unconstitutional and rendered ineffective.

In practical terms, every law, regulation and administrative act must be compatible with the Constitution.

Legislative History

  • Approved by: the Assemblea Costituente (Constituent Assembly) on 22 December 1947.
  • Promulgated by: the Capo Provvisorio dello Stato (Enrico De Nicola) on 27 December 1947. The constitutional text itself begins with the recital: “Vista la deliberazione dell’Assemblea Costituente, che nella seduta del 22 dicembre 1947 ha approvato la Costituzione della Repubblica Italiana…” 
  • Published in the Gazzetta Ufficiale:27 December 1947, G.U. Serie Generale n. 298. 
  • Entered into force: 1 January 1948

Historical Background

Italy’s current Constitution was drafted in the aftermath of the Second World War and the collapse of the Fascist regime. Following the institutional referendum of 2 June 1946, Italians voted to abolish the monarchy and establish a republic. An elected Constituent Assembly (Assemblea Costituente) was tasked with drafting a new democratic constitution.

The Constitution was approved by the Constituent Assembly on 22 December 1947, promulgated on 27 December 1947, and came into force on 1 January 1948. 

The framers sought to create a constitutional order that would:

  • Prevent any return to authoritarian government.
  • Protect individual liberties and political pluralism.
  • Ensure democratic accountability.
  • Recognise social rights and the importance of work.
  • Balance powers among Parliament, Government, the President and the Judiciary.

Structure

The Constitution contains:

1. Fundamental Principles (Articles 1-12)

These set out the core values of the Republic, including:

  • Democracy.
  • Popular sovereignty.
  • Protection of human rights.
  • Equality before the law.
  • Protection of minorities.
  • Relations with the Catholic Church and other religions.
  • Promotion of culture and heritage.
  • Commitment to international peace.

2. Part I: Rights and Duties of Citizens (Articles 13-54)

This section guarantees:

  • Personal liberty.
  • Freedom of expression.
  • Freedom of religion.
  • Rights of assembly and association.
  • Family rights.
  • Health protection.
  • Education.
  • Labour rights.
  • Political participation.

3. Part II: Organisation of the Republic (Articles 55-139)

This regulates:

  • Parliament.
  • The President of the Republic.
  • The Government.
  • The Public Administration.
  • The Judiciary.
  • Regions and local authorities.
  • The Constitutional Court.

How Can It Be Modified?

The Constitution is a rigid constitution (“Costituzione rigida”), meaning it cannot be amended through the ordinary legislative process.

Amendments are governed principally by Article 138. Under that procedure:

  1. Both the Chamber of Deputies and the Senate must approve the proposed constitutional amendment.
  2. Each chamber must vote twice.
  3. The second vote must take place at least three months after the first.
  4. If the amendment receives a two-thirds majority in both chambers on the second vote, it becomes law without a referendum.
  5. If it receives an absolute majority but less than two-thirds, a constitutional referendum may be requested.

There is also a substantive limit: Article 139 provides that the republican form of the State cannot be the subject of constitutional revision. In other words, Italy cannot constitutionally revert to a monarchy through the Article 138 procedure.

Relevant Tax Provisions of the Constitution of the Italian Republic 

Article 2

The Republic recognises and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed, and requires the fulfilment of the fundamental duties of political, economic and social solidarity.

Article 3

All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions, personal or social conditions.

It is the duty of the Republic to remove those obstacles of an economic and social nature which, by constraining the freedom and equality of citizens, prevent the full development of the human person and the effective participation of all workers in the political, economic and social organisation of the country.

Article 23

No personal or financial obligation may be imposed except by law.

Article 53

Everyone shall contribute to public expenditure in accordance with their ability to pay.

The tax system shall be based on criteria of progressivity.

Article 97

Public offices shall be organised according to provisions of law, so as to ensure the proper functioning and impartiality of administration.

Public administrations, in accordance with European Union law, shall ensure balanced budgets and the sustainability of public debt.

(Unofficial English Translation)