In the July 25, 1943, during the II World War and after twenty years of dictatorship, Italian government decided to turn the page and follow the orientation of reviving the liberal institutions of the pre-fascist period. On 2 August of the same year, the Royal Decree-Law n. 705 dissolving the “Camera dei Fasci e delle Corporazioni” and stated that within four months from the end of the war were to hold elections for the new Chamber of Deputies. The war and subsequent political prevented the realization of this project and emphasize the need for a comprehensive review of the whole institutional structure. By “Decreto Legge Luogotenenziale” June 25, 1944, n. 151, it was stated that at the end of the war were to elect a Constituent Assembly by direct universal suffrage and secret ballot to choose the new form of state and prepare the new Constitution. In addition, with the “Decreto Legislativo” April 5, 1945, n. 146 it was decided to create a not elected body, the “Consulta Nazionale”, in order to endorse the Government decisions on regulatory issues of particular relevance. This committee also participated in the drafting of the electoral law for the Constituent Assembly. The political post-conflict transformed the framework that was outlined above. The “Decreto Legislativo” 16 March 1946, n. 98, modified the “Decreto Legge Luogotenenziale” n. 151 of 1944, entrusting to a referendum the decision on the institutional form of the state, adding that if a majority of the electors voting had spoken in favor of the Republic, the Constituent Assembly, as his first act was to elect the Provisional Head of State. After 68 years, on the other side of the Mediterranean sea, Egypt, “the oldest state that has always known the meaning of citizenship and equality”, country which like Italy comes from an ancient civilization, lives a constitutional transition. Such as Italy in the forties, almost immediately after the his dictator departure, the SCAF, the Supreme Council of the Armed Forces, the junta to which Mubarak resigned power on February 11 convened a not elected body, a committee of lawyers and judges, to draft amendments to Egypt’s constitution for a rapid transfer of power to an elected, civilian government. The committee generated eight constitutional amendments that implicitly laid out a timetable for Egypt’s transitional period , likewise the “Consulta Nazionale” did in Italy. Is possible to find more connections ( e.g. as well as in Italy in Egypt the liberation movement was always a pluralistic on, united most by what they opposed : the dictatorship, even if they opposed it for different reason) but the aim of this working paper is different. The purpose of this paper is to describe briefly how the legal doctrine in Italy studied the constitutional transition, in order to bring out through the comparison between the two experiences of rebuilding of democratic institutions after despotic regimes other works that aim to examine in detail the many questions connected.

Concorso "A due anni dalla rivoluzione del 25 Gennaio 2011, quali contributi possono dare i giovani all'Egitto? Idee, pensieri, proposte, progetti per il futuro..." indetto dall' Ambasciata della Repubblica Araba d'Egitto

FERRARO, SIMONE
2013

Abstract

In the July 25, 1943, during the II World War and after twenty years of dictatorship, Italian government decided to turn the page and follow the orientation of reviving the liberal institutions of the pre-fascist period. On 2 August of the same year, the Royal Decree-Law n. 705 dissolving the “Camera dei Fasci e delle Corporazioni” and stated that within four months from the end of the war were to hold elections for the new Chamber of Deputies. The war and subsequent political prevented the realization of this project and emphasize the need for a comprehensive review of the whole institutional structure. By “Decreto Legge Luogotenenziale” June 25, 1944, n. 151, it was stated that at the end of the war were to elect a Constituent Assembly by direct universal suffrage and secret ballot to choose the new form of state and prepare the new Constitution. In addition, with the “Decreto Legislativo” April 5, 1945, n. 146 it was decided to create a not elected body, the “Consulta Nazionale”, in order to endorse the Government decisions on regulatory issues of particular relevance. This committee also participated in the drafting of the electoral law for the Constituent Assembly. The political post-conflict transformed the framework that was outlined above. The “Decreto Legislativo” 16 March 1946, n. 98, modified the “Decreto Legge Luogotenenziale” n. 151 of 1944, entrusting to a referendum the decision on the institutional form of the state, adding that if a majority of the electors voting had spoken in favor of the Republic, the Constituent Assembly, as his first act was to elect the Provisional Head of State. After 68 years, on the other side of the Mediterranean sea, Egypt, “the oldest state that has always known the meaning of citizenship and equality”, country which like Italy comes from an ancient civilization, lives a constitutional transition. Such as Italy in the forties, almost immediately after the his dictator departure, the SCAF, the Supreme Council of the Armed Forces, the junta to which Mubarak resigned power on February 11 convened a not elected body, a committee of lawyers and judges, to draft amendments to Egypt’s constitution for a rapid transfer of power to an elected, civilian government. The committee generated eight constitutional amendments that implicitly laid out a timetable for Egypt’s transitional period , likewise the “Consulta Nazionale” did in Italy. Is possible to find more connections ( e.g. as well as in Italy in Egypt the liberation movement was always a pluralistic on, united most by what they opposed : the dictatorship, even if they opposed it for different reason) but the aim of this working paper is different. The purpose of this paper is to describe briefly how the legal doctrine in Italy studied the constitutional transition, in order to bring out through the comparison between the two experiences of rebuilding of democratic institutions after despotic regimes other works that aim to examine in detail the many questions connected.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11573/538691
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