Learning Paths » 5A Interacting
Class Test
18/05/09
Develop the three points below and after that explain the difference between The Constitution of The Italian Republic and The English Constitution
•A. Constitution and the United Kingdom
Discuss considering:
•§ The Constitution in history from 1215 to the Westminster model
•§ Kind of constitution and constitution's principles
•§ Constitutional monarchy (what is it)
•§ The Parliament and the Crown
•B. The Constitution of the Italian Republic
Discussing considering:
•§ Date of the abolition of the monarchy
•§ Election of Constituent Assembly
•§ Date the constitution came into force
•§ The constitutional compromise and point of agreement of the different trends of thought
•§ Structure of Constitution
•§ Division of power
•§ Revision of constitution
•C. The Common Law
Discussing considering:
•§ What is it
•§ When it is used nowadays
•§ Difference of common law - statutory law
•§ Difference between common law - regulatory law
•§ History of Common law
In this essay I'm going to analyze the difference between The Constitution of The Italian Republic and The English Constitution.
Now I start to consider The Constitution and The United Kingdom.
In 1925 barons limited the King's power through a document called Magna Charta. In the XVII century there was a conflict between monarchy and the Parliament.
In the XIX century England becomes a world power and the industrial middle - classes leads society: liberty of associationism, recognition of the Trade Unions, equality of rights of the Chatolics Debate for the universal suffrage: 1832 the Great Reform Act extended the right to vote to great industrial cities who can have representatives at the House of Commons.
Between 1867 - 1884 there was the extension of the suffrage; there were two main factions: The Whig (liberal though) and the Tory (nowadays conservatives).
Today in England there is not a written Constitutional text.
Rigid constitutional rules do not exist: every single rule can be modified by a law approved by the Parliament.
There are normative and consuetudinary principles (which can be modified) fundamental to maintain the system's efficiency.
The Parliament and the Crown have a lot of functions: they approve laws; the organize the financial means so that the Government can exercise its functions; they control the activity of the Government and the administration and last but not least they discuss the themes of the Agenda.
The English Parliament is organized into:
•§ House of Commons
•§ House of Lords
•§ Sovereign
The site of the Parliament is Westminster. The House of Commons is the decision body.
The House of Lords isn't representative, its powers are limited and it can only delay the approval laws.
The President of the House of Lords is Lord Chancellor and there are 733 components.
In England there is the Queen and she is the symbol of national unity; she has an important role in the legislative power.
The limits of the monarchic power are: the Queen cannot act alone and she acts only on propose of the ministers.
The effective powers of the Queen are right of: being consulted encourage, admonish and in rare case she can name the Premier and she can dismiss the House of Commons.
The Constitution of The Italian Republic is different from The English Constitution.
The Italian Constitution was enacted by the Constituent Assembly on 22 December 1947.
The Constitution came into force on 1 January 1948, one century after the Statuto Albertino was enacted.
The Constitution is composed of 139 articles and it is arranged into three parts:
•§ Fundamental Principles (articles 1-12)
•§ Rights and Duties of Citizens (articles 13-54)
•§ Organisation of the Republic (articles 55-139)
The power is divided among:
•§ The executive
•§ The legislative
In Italy there are the President of the Republic, the Senate of the Republic and the Chambers of Deputies.
Parliamentary Commissions have been convened to review the 1948 text particularly Part II. In each instance the necessary political consensus for chance was lacking.
The are some important amendments:
•§ Parliamentary representation of Italians leaving abroad
•§ The devolution of the power of the Region
•§ The limitation of the civil rights of the male descendants of the House of Savoy
•§ No death penalty was ever sentenced and the capital punishment was cancelled from military laws.