A republic of parties: The Italian constitutional order through the lenses of the constitutional regime

Goldoni, M. (2023) A republic of parties: The Italian constitutional order through the lenses of the constitutional regime. In: Dani, M., Goldoni, M. and Menéndez, A. J. (eds.) The Legitimacy of European Constitutional Orders: A Comparative Inquiry. Edward Elgar: Northampton, pp. 94-112. ISBN 9781803928890 (doi: 10.4337/9781803928890.00012)

Abstract

This chapter’s main objective is to reconstruct the pathways of formation and development of the Italian constitutional order during the 20th Century. The intention is to track whether there is a pattern in the ‘Italian’ way to constitution-making. In order to provide some background, a methodological engagement with Ackerman’s theory and the American School of development will be necessary. The basic unit of ‘constitutional regime’ will be adopted as a lens for observing Italian constitutional history. Then a brief reconstruction of the pre-1948 constitution-making experiences will be provided, with particular attention paid to the pathway of transformation adopted by the Fascist Party. In sections 3 and 4, the constituent phase of the republican constitution and its development in the following decades will be tracked by focusing on the role of political parties. The intention is to prove that the experience of post-WWII, unlike the Fascist regime, was an instantiation of a revolutionary type of constitution-making. In section 5, an hypothesis about the constitutional relevance of recent informal mutation will be presented.

• Item Type: Book Sections
• Status: Published
• Glasgow Author(s) Enlighten ID: Goldoni, Professor Marco
• Authors: Goldoni, M.
• College/School: College of Social Sciences > School of Law
• Publisher: Edward Elgar
• ISBN: 9781803928890
• Copyright Holders: Copyright: © The Editor(s) (if applicable) and The Author(s), under exclusive license to Edward Elgar Publishing 2023
• First Published: First published in: The Legitimacy of European Constitutional Orders: A Comparative Inquiry
• Publisher Policy: Reproduced under a Creative Commons licence

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