PRINCIPI FONDAMENTALI
a.
TESTO VIGENTE
Art. 1.
2. La sovranità appartiene al popolo, che la esercita nelle forme e nei limiti della Costituzione.
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
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.The President warned that this last paragraph have been proposed different wording and precisely the following two:
Work is the essential foundation of the political economic and social development of the Italian Republic. "
"His economic policy and social organization is based on work and effective participation of all workers."Il Presidente comunica che l’onorevole Togliatti ha inoltre presentato un emendamento, tendente a sostituire il primo comma con il seguente:
"Work is the title of participation in the political economic and social della Repubblica italiana».
«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.
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)
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 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 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.
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 .
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