Libreria Giuridica Sauzano
The constitutional organization
The constitutional organization
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A necessary element of constitutions in the modern sense is, according to the very famous art. 16 of the Declaration of the Rights of Man and of the Citizen of 1789 (§ III.1.2.2), together with the guarantee of rights, that of the separation of powers: "any society in which the guarantee of rights is not assured, nor the separation of powers established, does not have a constitution". It is known how the Italian Constitution is inspired, from its very architecture, by the content of this article and how through it it connects to the roots of constitutionalism, which are well reflected and synthesized in that article. Having dedicated part I of the Constitution to the "rights and duties of citizens" and part II to the "organization of the Republic" therefore faithfully reflects the requirements of constitutions in the modern sense. Part II of the Constitution, on the "organization of the Republic", appears to be aimed precisely at ensuring an adequate separation of powers: that is, in the order in which they are regulated, the legislative, the executive and the judiciary, with the important addition of the President of the Republic and the Constitutional Court. Without obviously forgetting the vertical dimension of the same principle, which translates into the provision, and the guarantee, of regional and local autonomies.
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