Forma di governo di "costituzione materiale": L'esperienza italiana

• Autores: Silvio Gambino
• Localización: Studi parlamentari e di politica costituzionale, ISSN 0303-9714, Nº. 171-172, 2011 (Ejemplar dedicado a: Abstract Studi in onore di Nicola Greco - Volume 1), págs. 241-253
• Idioma: italiano
• Títulos paralelos:
  • Forms of government and “material constitution”: The Italian experience
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• Resumen

  • In determining the constitutional balance between Parliament and Government and in choosing between monocratic and collegial criteria in the composition of Government, the Italian parliamentary form of Government, since its constituent phase, has reported the problematic impact of metus tyranni (fear of the tyrant). A second relevant aspect has characterised the Italian parliamentary form of government and its concrete functioning: the “democracy of parties”, which has seen private entities, as political parties, successfully operate within the procedures and constitutional rules, in the absence of any reaction to this interference shown by the constitutional system. Constitutional doctrine has expounded on the difference between Constitution and praxis through the analysis of “material constitution” proposed by Costantino Mortati. The third and final aspect is analysed thoroughly in the article and concerns the consequences for stability and Government policy due to legislative rules used for translating votes into parliamentary seats.

    All of these reasons are analysed in the article as peculiar aspects of the political and constitutional experience, which lasted for at least a half-century, until the electoral reforms of the early 1990s.