Learning Paths » 5A Interacting
During the 1215 barons limit the king’s power through a document called Magna Charta. In the XIII century the Magnum Concilium is summoned and the Parliament comes into being Lords, shires and brought come together. In the XVII century there was a conflict between Parliament and monarchy. In 1688 there was the “Glorious Revolution” and Wiliam D’orange became the new sovereign elected by the Parliament. In 1689 the Bill of Right was established and the King had to conform to the laws of the Parliament without having permission to suspend them. In 1701 the Parliament establishes the rules for the succession to the throne. Moreover England and Scotland were under the same crown. In the XVIII century the Cabinet grows in autonomy from the King and fallows the majority of the Parliament. Moreover in this period the Prime Minister gets a major position. In XIX century there was a debate for universal suffrage. In 1832 the Great Reform Act limits extension of the right vote but from the 1867 to the 1884 there was an extension of the suffrage and two main factions were born: the Whig and the Troy.
In the XX century there was universal suffrage, a Welfare State’s development and the leading position of the Cabinet and the Prime Minister.
In the Westminster model of nowadays there are parties which stand out against the others and are faithful to the leader who intends to follow the election plan. The English constitution hasn’t got a written constitutional text as a matter of fact there so not exists rigid constitutional rules but every single rule can be altered by a law approved by the Parliament. In the English constitution there are normative and consuetudinary fundamental principles to maintain the system’s efficiency.
The constitution principles are the sovereignty of the Parliament and the rule of law. The English parliament is composed of the House of Lords, the House of Commons and the Sovereign. The site of the Parliament is Westminster and the House of Lords and the House of Commons meet only symbolical occasions for example the opening of the parliamentary session. The Parliament has the function to approve laws, to organize the financial means so that the Government could do its functions, to control the activity of the Government and of the administration and last but not least to discuss the themes on the agenda.
The Queen is the head of the State, the symbol of national unity, the chief of the army and the chief of the Anglican Church.
The Common Law refers to law and to the legal systems developed through decisions of courts and similar tribunals. Moreover it is a law created and refined by judges. The common law was used when there was the civil system. The common law was the laws that the whole country had in common. The form of reasoning used was known as a casuistry or case-based reasoning. Moreover it was devised as a means of compensating someone for wrongful acts known as torts.
With the common law the decisions were issued by the courts. The statutory law is enacted by a legislature, while the regulatory law is promulgated by executive branch agencies pursuant to a delegation of rule.
The monarchy in Italy was abolished in 1945.
In 1946 the Constitutional Assembly was elected with an universal suffrage.
The Italian Constitution come into force on 1st January 1948 and it forbade the male descendants of the royal family from entering the territory of the Republic.
The Italian Constitution is composed of 139 articles and it is arranged into three main parts: The Fundamental Principles, The rights and Duties of Criticizes and the Organization of the Republic followed by eighteen Transitory and Final Provisions.
The power is divided among the executive, the legislative and judicial braches.
The revion of Italian constitution is very difficult. As a matter of fact the text of the Italian Constitution has been amended 14 times.
The first difference between the Italian Constitution and the English Constitution is that English constitutional is not a written text while the Italian Constitution is a written constitutional text. Moreover the English Constitution is organised into two components: The Dignified and the Efficient. On the other side the Italian Constitution as I said before is arranged into three parts: the Fundamental Principles, the Rights and Duties of Citicizens and the Organization of the Republic.