How Much Is A Silver Trumpet Worth

institutional referendum of 2 June 1946

The Italians were called June 2, 1946 to choose between monarchy and republic. The polls gave a verdict in favor of the republic for a million votes, but even then there were those who doubted the election results. To resolve the doubt, at least for the position of the major parties, it warrants the following notice to Congress of the agency concerning the Christian Democrats held on April 25, 1946:

"Rome. The delegate speaks Attilio Piccioni early position taken by the Democratic Party than the institutional issue. Remember that in September 1944 the Council of the party declared that the DC was not linked to manoarchia nell''agosto of '45 and the Board took note of the prevailing trend Republican and ordered an internal investigation on this issue. The data received from 86 provincial committees of the DC are as follows: about 836,812 voters, 503,085 voted for the Republican solution. 146,061 for the solution of the monarchy, while 187,666 have taken a position of neutrality or agnosticism. Thus there is a figure of 60 per cent for the republic, 17 percent for the monarchy and 23 percent of the agnostic position. The Christian Democrats would have preferred Italy to be spared this new strain, but the story, such as Providence, has its ways and groped in vain to block ' (Aug. Ansa, April 25 1946, ore 15.10).

In practice Catholics are abandoning the monarchy, after the Providence in the person of His Excellency Cav. Benito Mussolini had recognized her husband, who had ended the long conflict between the monarchy and the papacy lasted nearly sixty years after the breach of Porta Pia and the end of the temporal power of popes. The Lateran survive the Monarchy and Fascism, will be included in the new constitution and to this day govern relations between church and state.

Links:
1. Chamber of Deputies: the institutional referendum .
2. History: Monarchy or republic? .

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Collections: deputy legislative decree of 16 March 1946 No 98

DECRETO LEGISLATIVO LUOGOTENENZIALE
16 MARZO 1946, N. 98

INTEGRAZIONI E MODIFICHE AL DECRETO-LEGGE LUOGOTENENZIALE
25 GIUGNO 1944, N. 151, RELATIVO
ALL´ASSEMBLEA PER LA NUOVA COSTITUZIONE DELLO STATO,
AL GIURAMENTO DEI MEMBRI DEL GOVERNO ED ALLA
FACOLTÀ DEL GOVERNO DI EMANARE NORME GIURIDICHE

UMBERTO DI SAVOIA Principe di Piemonte Luogotenente Generale del Regno

In virtù dell´autorità a Noi delegata;

Visto il decreto-legge luogotenenziale 25 giugno 1944, n. 151, relativo all´Assemblea per la nuova costituzione dello Stato, al giuramento dei Membri del Governo ed alla facoltà del Governo di emanare norme giuridiche;

Visto il decreto legislativo luogotenenziale 1 febbraio 1945, n. 58, concernente nuove norme sull´emanazione, promulgazione e pubblicazione dei decreti luogotenenziali e di altri provvedimenti;

Ritenuta la necessità di apportare integrazioni e modifiche al sopra citato decreto-legge luogotenenziali 25 giugno 1944, n. 151;

Udito il parere della Consulta Nazionale;

Vista la deliberazione del Consiglio dei Ministri;

Sulla proposta del Presidente del Consiglio dei Ministri, Primo Ministro Segretario di Satto, e del Ministro per la Costituente di concerto con tutti i Ministri;

Abbiamo sanzionato e promulgato quanto segue:

Article 1

parallel with elections for the Constituent Assembly will be called the people to decide by referendum on the institutional form of the State (Republic or Monarchy).

Article 2

If the majority of voters voting to rule in favor of the Republic, the Assembly, after its establishment, as his first act, elect the provisional Head of State, which will exercise its functions until will be appointed as the Head of State in accordance with the Constitution approved by shareholders.
For the election of the Provisional Head of State is required by three-fifths of the members of the Assembly. If the third ballot will not be achieved in the majority, just an absolute majority. Happened
the election of the Provisional Head of State, the current government will submit his resignation and the provisional Head of State will give the task to form a new government.
In the case of the first paragraph, the date of announcement of the results of the referendum until the election of the Provisional Head of State, its functions will be exercised by the Prime Ministers office on election day.
If the majority of voters voting in favor of a ruling monarchy, Lieutenant of the Realm will continue the current system until the entry into force of the resolutions Assembly on the new Constitution and the Head of State.

Article 3

During the period of the Constituent Assembly until the convening of Parliament under the new Constitution the legislative power is delegated, subject to the constitutional matters, the Government, with the exception of electoral laws and laws for the approval of international treaties, which will be deliberated by the Assembly.
The government will have discussed any other subject for which the decision it deems appropriate.
The Government is responsible to the Constituent Assembly.
The rejection of a proposal by the Assembly Government does not bring as a consequence le dimissioni del Governo. Queste sono obbligatorie soltanto in seguito alla votazione di una apposita mozione di sfiducia, intervenuta non prima di due giorni dalla sua presentazione e adottata a maggioranza assoluta dei Membri dell´Assemblea.

Art. 4

L´Assemblea Costituente terrà la sua prima riunione in Roma, nel Palazzo di Montecitorio, il ventiduesimo giorno successivo a quello in cui si saranno svolte le elezioni.
L´Assemblea è sciolta di diritto il giorno dell´entrata in vigore della nuova Costituzione e comunque non oltre l´ottavo mese dalla sua prima riunione. Essa può prorogare questo termine per non più di quattro mesi.
Finché non avrà deliberato il proprio rules of the Constituent Assembly will apply the rules of procedure of the Chamber of Deputies on July 1, 1900 and subsequent amendments until 1922.

Article 5

Until they went into operation the new Constitution the powers of the Head of State are governed by the rules hitherto in force, as applicable.

Article 6

The legislative measures that are not the responsibility of the Constituent Assembly under the first paragraph of art. 3, approved during the period specified therein, be subject to ratification of the new parliament within one year after its entry into operation.

Within Article 7 the period of thirty days from the date of the Lieutenant of the Realm decree announcing the election of the Constituent Assembly and military employees of the State must undertake on their honor to respect and ensure respect in the performance of their duties was the result of the referendum and its institutional decisions of the Constituent Assembly.
None of the commitments they have previously made, even under oath, it restricts the freedom of opinion and voting by military and civilian employees of the state.

Article 8

By decree of President of the Council of Ministers, after consulting the Council of Ministers will adopt specific rules for the conduct of the referendum, the announcement of the results it and the final assessment on disputes, protests and complaints relating to the operations of the referendum, with the right to change and integrate, for these purposes, the provisions of Decree Law 10 March 1946, No 74 for the election of deputies to the Constituent Assembly and to hold that the addendum to the State, as required by the decree aforesaid, adjustments are made where necessary.
For the answer to the referendum must be given two separate marks.

Article 9

This Decree shall enter into force on the day of its publication in the Official Gazette.
We order that this decree, together with the State seal, and inserito nella raccolta ufficiale delle leggi e dei decreti del Regno d´Italia, mandando a chiunque spetti di osservarlo e di farlo osservare come legge dello Stato.

Dato a Roma, addì 16 marzo 1946

UMBERTO DI SAVOIA

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Commentary on the Italian Constitution - Article 1

COMMENTARIO

ALLA COSTITUZIONE DELLA REPUBBLICA ITALIANA

PRINCIPI FONDAMENTALI

a.
TESTO VIGENTE

Art. 1.

1. L’Italia è una Repubblica democratica, fondata sul lavoro.

2. La sovranità appartiene al popolo, che la esercita nelle forme e nei limiti della Costituzione.

b.
LAVORI PREPARATORI
( my fixation with any comment )

1.
Plenary Conference of January 22 1947, ore 10-11.15
Discussed Articles
general provisions of the draft Constitution

After opening the discussion by the President on the proposed amendments to the articles of the general, Moro took the floor to point of order, noting that "in addition to the amendments be printed and distributed by the Presidency of the Commission are listed in the column of the observations of other amendments to the draft constitution, presented in the Coordinating Committee and not yet discussed, as not matters of principle invested. Believes that these amendments should be too 'they examined. " It is a different view of the Chairman of the Plenary as they are observations rather than actual amendments, which must be signed and presented by the proponents. The procedure followed so far - notes - was to take the examination on points that the President of the Commission subject to special consideration. We must now examine the individual items, taking into account the comments made about each of them. The President of the Plenary Assembly raises into question the art. 1 in the text approved by the Committee Editor:

"Italy is a democratic republic. Its sovereignty emanates from the people emanates from the people and is exercised in the manner and within the limits of the Constitution and laws.

Work is the essential foundation of the political economic and social development of the Italian Republic. "

The President warned that this last paragraph have been proposed different wording and precisely the following two:

"His economic policy and social organization is based on work and effective participation of all workers."
"Work is the title of participation in the political economic and social della Repubblica italiana».

Il Presidente comunica che l’onorevole Togliatti ha inoltre presentato un emendamento, tendente a sostituire il primo comma con il seguente:

«L’Italia è una Repubblica democratica di lavoratori».

Il Presidente si sofferma quindi su alcuni aspetti procedurali, sulle quali la Commissione concorda. Apre quindi la discussione l'on. Togliatti , il quale precisa «che il suo emendamento tende a specificare giuridicamente e politicamente nella Costituzione, in termini concreti, la parte che si intende riservare al lavoro nell’organizzazione della Repubblica democratica italiana». L’on. Grassi gli ricorda che «nella prima Sottocommissione , in seno alla quale si è svolta la discussione, furono ascoltate tutte le ragioni addotte dall’on. Togliatti per portare ad una specificazione del carattere della Repubblica democratica. La maggioranza, però, ritenne che questa specificazione fosse superflua o troppo specifica e togliesse il carattere, effettivamente fondamentale, che si doveva dare alla Repubblica, ossia il carattere democratico». Togliatti osserva che, sulla questione, non ci fu maggioranza, ma parità di voti. E Grassi rileva che «l’onorevole Togliatti si riservò di presentare nuovamente la questione in sede di Commissione e di Assemblea Costituente». Osserva ancora l’onorevole Grassi that "the question can be said is important because identifying the type of Republic. It seemed sufficient to establish the first subcommittee that Italy is a democratic republic in the sense that in the past and present has the word democracy. With the specification "workers" would give you the feeling of wanting to form a democratic republic "specialized", ie a single category, only one class " therefore calling on the Commission's attention on the seriousness of the issue . Grassi, "maintains its position against the proposed amendment."

Mr. Cappi is associated with the foregoing considerations Mr Grassi, noting that "although all agree that the work is the primary activity, which entitles them to participate in public life, it must be remembered that the word" employee " currently, has a different meaning than etymology, means that worker material, so true that the Confederation of Labor, are part mainly manual workers. " Terracini notes that there are also teachers. Hood replied that "not all the citizens, however, are part of the Confederation of Labor, while the Democratic Republic should be able to parte tutti i cittadini. Parlare di Repubblica dei lavoratori significherebbe, a suo avviso, dare a questa Repubblica un carattere classista, contrario, cioè, alla sua concezione. Pertanto si oppone all’emendamento Togliatti».

Lussu dichiara che «aderirebbe alla proposta Togliatti, se essa avesse un riscontro nella realtà. L’accetta come aspirazione ideale di democrazia, non come realtà d’oggi. La Repubblica dei lavoratori oggi non esiste. Oggi la repubblica democratica dei lavoratori o del lavoro, in ogni senso, dell’intelligenza e della mano, è insidiata in molteplici forme, tanto che i democratici più onesti ne sono vivamente worried and alarmed. Can not in good conscience vote in favor of Togliatti. If you accept the formula proposed by him, would have the impression that the lie back in the Italian constitution Article 1 of the English Constitution of 1931. The republic of workers, there was, was much more seriously threatened that we, and fell, precisely because it did not exist. Considers that the term first proposed by the Subcommittee, which did mention is made of workers, better reflects the aspirations of social democracy, and that would be a mistake to turn. "


(continued) c.

DECISIONS OF THE CONSTITUTIONAL COURT
( data drawn from the texts of the judgments )

Research in the texts of the judgments indicated below records all instances that were found as regards use of the leading exponents in the text of Article. 1 of the Constitution, namely the words: sovereignty, people, work. The term "sovereignty" that is beyond art. Also an art. 7 and art. 11. For the latter term recurrences are very frequent and often significant in the context of the article here said.

1.
sovereignty

In sentence # 38/1957 used the word sovereignty for the first time in a broader context on the rigid character of the constitution to underline its fundamental principles are that "the Italian people have given to itself the exercise of its sovereignty." The terms sovereignty and the people here are connected to each other, staying in the background the issue of political representation, where the gap between represented and representative was not lost on some Members of the Constituent Assembly.

(continued)

d.

COMMENT IN THE LIGHT OF THE PREPARATORY WORK OF THE LAW,
doctrine and historical exegesis
(through assembly of relevant data, whether links indicated by )

The Constituent Assembly of the Italian Republic, composed of 556 deputies, was elected June 2, 1946 and met its first session on June 25 in the Palace House. The Assembly continued its work until January 31, 1948. During this period, 375 public sessions were held, of which 170 were dedicated to discussion and approval of the new Constitution. At its first meeting on 25 June, the Assembly elected as its president Joseph Saragat . The Pact of April 1944 between Salerno CNL and the monarchy had decided that the war would have been elected Assembly with the task of drafting a new constitution. In the elections of June 2, 1946 Italians voted men and women with 21 years of age. They received two separate tabs: one for the choice between monarchy and Republic (institutional referendum), the other for the election of 556 deputies by proportional electoral system to competing lists and multi-member district constituencies.

The votes in favor of the republic, after checks turned out to be 12,718,641, representing 54.3 percent of valid votes, in favor of the monarchy had instead expressed 10,718,502 voters, equal to 45.7 percent . In the elections for the Constituent Assembly The Christian Democrats won a majority of the votes (8,083,208 representing 37.2 per cent), followed by the Socialist Party ( PSIUP : 4,744,749 votes equal to 20.7 per cent) and the Communist Party (4,342. 722 votes representing 18.7 per cent). No other party surpassed the 10 percent of the vote. The percentages given by the individual lists were as follows: Christian Democratic Party: 37.2%, Socialist Party ( PSIUP ): 20.7%, Communist Party: 18.7%, National Democratic Union: 7.4%; Front Man any: 5.4%; Republican Party: 4.1%; national freedom Block: 2.9%; Action Party: 1.3% Other lists: 2.3%.

The distribution of votes in the election for the Constituent Assembly

The Constituent Assembly met for the first time June 25, 1946, and elected president, the first session, Joseph Saragat . On June 28, Enrico De Nicola was elected by the Provisional Head of State, with 396 votes out of 501 votes. Enrico De Nicola was elected to the office of the Provisional Head of State, comes to House. It is June 28, 1946. Based on the above-mentioned Decree No. 98, 1946 the Assembly was dissolved on the day of entry into force of the Constitution but not later than the eighth month of the its first meeting. The deadline for completing the work was first extended to June 24, 1947 (Constitutional Law February 21, 1947, 1) and at December 31, 1947 (Constitutional Law June 17, 1947, n. 2). The Constituent Assembly worked until January 31, 1948 under prorogatio XVII transitional provision contained in the Constitution. Its committees operate after that date until April 1948. During the span of his work, there were 375 public sessions, of which 170 and 210 of the Constitution devoted to other subjects. The Assembly met twice in secret committee to discuss internal problems.

The dual nature of the Assembly Constituent Assembly, that is, on its role as a constituent body and parliamentary body at the same time, pronounced Piero Calamandrei its meeting on July 15, 1946, where it said: "It is not to make a suggestion that I speak on behalf the party of action, but only to set a problem and to propose a question to the Committee and Mr President. The regulation is now necessary to agree about the way in which the Constituent Assembly should exercise its powers. It seems to be preliminary approval of this regulation a clarification on this point: what are the powers of the Constituent Assembly? Because, ladies and gentlemen, House, which draws its name from the August and solemn function is the preparation of a new constitution, is actually a kind of herm with two faces: one part is that the Constituent Assembly, said the President of the Republic its noble message, must look to the future and work for the future, but in the face is already in place, albeit with certain limitations, a Parliament. And these two sides have the same expression, because, while looking toward the future should be serene and austere, the one that looks to the immediate problems of this already has a worried look and - I might almost say - a bit 'of whooping who sees a reality the crowd, and more clouded thinking about what will happen in ten months, with new elections. Now, ladies and gentlemen, there is no doubt that in its fundamental function of our Constituent Assembly is sovereign, because it is the only organ, was the first organization of Republican who has a representative character, and therefore his powers are virtually unlimited: the only limitation of these powers comes from the institutional referendum, in which the people with direct response has already solved the institutional problem and has taken the Constituent Assembly the power to challenge this problem. But instead what is important and gives rise in question is the relationship between constituent power and the power of ordinary legislation. Whoever exercises the ordinary legislative power? What powers did the Constituent Assembly to control the exercise? You know that a decree-law of Lieutenant of the Realm March 16, 1946 settled in advance the relationships between the Constituent Assembly and the Government and has set about, with some exceptions, that the Assembly has the constitutional power which takes its name, and that the ordinary legislative power delegated to the government rests with the exception of laws relating to election laws or treaties. Article 3 of the Decree contains just this sentence:

The legislative power is delegated , subject to the constitutional matters, to the government.

Officer by whom? Why is the government that issued the Decree of 14 March 1946, No 98, was, as you know, a provisional government, fortune, put up with the means available at that time, a government which, like all the provisional governments, waiting for its ratification, its legitimacy post by "representative assembly that has finally been created in the Constituent Assembly. So in both the provisions in the decree may have in respect of the Constituent Assembly, a power required, as the Constituent Assembly ratifies the same power. When quell''articolo 3 spoke of a legislative power which rimaneva delegato , evidentemente il potere delegante non poteva essere che un potere in fieri . Il governo con quel decreto ha voluto dire: io delego oggi in anticipo quel potere legislativo che avrà l’Assemblea Costituente, la quale poi ratificherà questa delega, non avendo potuto delegarlo essa stessa con un mandato iniziale, perché ancora essa non esisteva. Quindi mi pare per rendere proficuo e sereno il nostro lavoro, che soprattutto ha la sua più importante espressione nella creazione della nuova costituzione, giovi fin da oggi, sulla soglia della nostra atti8vità legislativa, non nascondere a noi stessi questo problema che potrebbe risorgere in avvenire ad attraversare il nostro lavoro, ma cercar delete it right now. "

The remarkable speech of Piero Calamandrei find full acceptance in the Assembly, which ratified the decree Lieutenant of the Realm she had held, inter alia, the electoral meetings for the election of the Assembly. It would be very strange that the Assembly itself drew its existence from a source lacking legitimacy, even if the ruler who signed the act will then be deprived of all power on the outcome of the referendum held by him. In the same meeting on July 15, 1946, the Commission will be composed of 75. They are interesting debates about the nature and duties of such a commission and its relationship with the whole House.

(Continued)

e.
LINKS:
1. full document with all the articles in the text published by the Offices of the Senate .
2. Graziano Galassi : The Constitution and the political-institutional Italian 1946 to 1994. The debut which offers an overview of the historical events that led to the new Italian constitution is questionable and debatable. This, however, widespread ideology that influenced the new constitution, marking the historical limitations that vainly attempted to overcome repeated attempts at reform.
3. the institutional referendum and the election of the Assembly constituent.
4. The work of .
5. Constituent Assembly: 2 June 1946 - January 31, 1948 .
6. Wikipedia: Deputies elected to the Constituent Assembly .
7. Acts of the Constituent Assembly. The proceedings of the Constituent Assembly are fully digitized and available in pdf on the website of the House, in the previous Legislature.
8. Personal file of Deputies to the Constituent . For each member are reported biographical data, with the photograph of the time, the membership of the parliamentary group and parliamentary bodies, with details of the offices they held, the government positions taken and the data reference to the activity conducted in the various organs of the Constituent Assembly, together with links to go back to the full texts of the interventions.
9. Committee on the Constitution . Composed of 75 members, who physically wrote the Constitution.
10. Fanticini Henry: The thought and work of Meuccio Ruini in the work of the Constituent Assembly .