The Implementation of the Italian Constitution

The new Italian Constitution was written by the 556 deputies the Italian people elected to their first Constitutional Assembly on June 2, 1946. The Assembly approved the Constitution on December 22, 1947, by a vote of 453 favorable, 62 opposed, and 31 absent. After this approval the Constitution was promulgated by the Provisional President of Italy, Enrico de Nicola, and became effective ten days later, on January 1, 1948. Numerous evaluations of the Constitution are available, and it is not our purpose here to duplicate this work. We are concerned solely with discovering to what extent the Constitution was actually in effect during the four and one-half year period following its promulgation and with explaining, if possible, why there has been so much delay in implementing some of its basic provisions.What we shall find is that some enabling legislation was passed by the Constitutional Assembly in the interim period between the effective date of the Constitution and the election of the first Parliament in April, 1948. Parliament has implemented a few more constitutional provisions, but vast and basic sections of the Constitution are still ineffective, owing to Parliament's inaction. To a lesser degree the administration and the courts are in a position to implement the Constitution.