The Evolution and Gestalt of the Italian Constitution

The chapter provides a syncretic analysis of the Italian ‘constitutional reality’, starting from the origins of the Constitution, which came into force in 1948. The first part addresses the debate that preceded the drafting of the text, with particular attention to both previous Italian and foreign experiences which inspired the founding fathers. The political consensus reached within the Constituent Assembly is explained as well, alongside the fundamental choices and the key figures of the constituent debate. Then, the evolution of the Italian Constitution is analysed with particular reference to those areas that, more than others, have undergone significant changes (form of government, regional arrangements, and constitutional adjudication). The following section examines the core concepts and structures of the constitutional order, such as the principle of the separation of powers, democracy, and the connected principle of popular sovereignty, rule of law and protection of fundamental rights. Finally, the chapter examines the Italian ‘constitutional identity’ through constitutional case law dealing with the so-called ‘counter-limits’ to European integration.