Whereas the people of the Italian Republic, made of a great 20 regions, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Republic under the President of the Italian Republic, and under the Constitution hereby established:
And whereas it is expedient to provide for the admission into the Republic of other Italian Colonies and possessions of the President:
Be it therefore enacted by the present Parliament assembled, and by the authority of the same, as follows:
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This Act may be cited as the Republic of Italia Constitution Act of 2022.
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The provisions of this Act referring to the President shall extend to the Il Duce should one exist, and heirs and successors in the sovereignty of the Italian Republic
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It shall be lawful for the Group Management of the Republic, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the people of the Aosta Valley, Piedmont, Liguria, Sardinia, Sicily, Lombardy, Veneto, Emilia-Romagna, Trentino-South Tyrol, Friuli-Venezia Giulia, Tuscany, Umbria, Marche, Lazio, Abruzzo, Molise, Campania, Apulia, Basilicata, and Calabria, shall be united in the Federal Republic under the name of the Republic of Italia / Italian Republic.
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The Republic shall be established, and the Constitution of the Republic shall take effect, on and after the day so appointed.
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This Act, and all laws made by the Parliament of the Republic under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Republic, notwithstanding anything in the laws of any State; and the laws of the Republic shall be in force on all Italian ships, the Presidents’ ships of war excepted, whose first port of clearance and whose port of destination is in the Republic.
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“The Republic” shall mean the Italian Republic as established under this Act.
“The States” shall mean such of the colonies of Aosta Valley, Piedmont, Liguria, Sardinia, Sicily, Lombardy, Veneto, Emilia-Romagna, Trentino-South Tyrol, Friuli-Venezia Giulia, Tuscany, Umbria, Marche, Lazio, Abruzzo, Molise, Campania, Apulia, Basilicata, and Calabria, as for the time being are parts of the Republic, and such colonies or territories as may be admitted into or established by the Republic as States; and each of such parts of the Republic shall be called “a State”. -
The Constitution of the Republic shall be as follows:
THE CONSTITUTION
This Constitution is divided as follows:-
- Part I – Organisation of the Republic:
—Title I – General:
—Title II – The Senate:
—Title III – Unicameralism Parliament:
—Title IV – Powers of the Parliament:
—Title V – The President of the Republic:
—Title VI – The Government: - Part II – The Judicature:
- Part III – Miscellaneous:
- Part IV – Alteration of the Constitution.
The Schedule.
“Original States” shall mean such States as are parts of the Republic at its establishment.
Part I – Organisation of the Republic
Title I – General
(1) The legislative power of the Republic shall be vested in a Federal Parliament, which shall consist of the President, and a Senate, and which is herein-after called “The Parliament,” or “The Parliament of the Republic”.
(2) A President, appointed by the immediate past president who shall serve a life term, shall informally be the representative of the Republic, and shall have and may exercise in the Republic during Group Management’s pleasure, but subject to this Constitution, such powers and functions of the President as may be pleased to assign to him.
(3) The President may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the Senate.
After any general election, the Parliament shall be summoned to meet not later than fourteen days after the day appointed for the return of the writs.
Title II – The Senate:
(4) The Senate shall be composed of members directly chosen by the people of the Republic, and the number of such members shall be, as nearly as practicable, one per each state of the Italian Republic, thus giving 20 Senators with a number subject to change.
(5) Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of members of the Senate,
In the absence of other provisions, each State shall be one electorate, otherwise, each State will conform to future provisions should they be created.(6) The President in Council may cause writs to be issued for general elections of members of the Senate. After the first general election, the writs shall be issued within ten days from the expiry of a Senate or from the proclamation of a dissolution thereof.
(7) Whenever a vacancy happens in the Senate, the Clerks of the Senate shall issue a notice to the President of the Italian Republic for the seat to be filled through a by-election, in which candidates from any party may run directly against each other for a majority of votes.
(8) Until the Parliament otherwise provides, the qualifications of a member of the Senate shall be as follows:
(i.) He must be an elector entitled to vote at the election of members of the Senate, or a person qualifies to become such elector, and must have been for two weeks at the least a resident within the limits of the Republic as existing at the time when he was chosen:
(ii.) He must be a subject of the President, either under a law of the Italian Republic, or of a Colony which has become or becomes a State, or of the Republic, or of a State.(9) The Senate must, before proceeding to the dispatch of any other business, choose a senator to be the President of the Senate, and as often as the office of President of the Senate becomes vacant, the Senate shall again choose a senator to be the President of the Senate. The President of the Senate shall cease to hold his office if he ceases to be a Senator. He may be removed from office by a vote of the Senate, or he may resign his office or his seat by writing addressed to the President of the Republic.
(10) Before or during any absence of the President of the Senate, the Senate may choose a senator to perform his duties in his absence.
(11) A Senator may by writing addressed to the President of the Senate, or to the President of the Italian Republic if there is no President of the Senate or if the President of the Senate is absent from the Republic, resign his place, which there-upon shall become vacant and trigger Clause 16. The resignation, upon approval by the respective individual, will then be publicized for the people of the Republic to view.
(12) The place of a Senator shall become vacant if for five weeks of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate.
(13) Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers.
(14) Questions arising in the Senate shall be determined by a majority of votes other than that of the President of the Senate. The President of the Senate shall be entitled to a vote regardless of circumstances and will be entitled to the same powers as a Senator outside of maintaining a Cabinet position.
(15) Every senator shall before taking his seat make and subscribe before the President, or some person authorized by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.
(16) Until the Parliament otherwise provides, any question respecting the qualification of a senator, or respecting a vacancy in the Senate of the Parliament, and any question of a disputed election to the Senate shall be determined by the Senate where the question arises.
(17) The Senate may make rules and orders with respect to
(i.) The mode in which its powers, privileges, and immunities may be exercised and upheld:
(ii.) The order and conduct of its business and proceedings in regards to the Senate and other legislative bodies.
Title III - Unicamerism Parliament
(18) Parliament shall function efficiently as a unicameralist style Government, comprised of the Senate.
Upon the passage of future provisions, a bicameralism government may be implemented depending on the population of the Italian Republic and the opinion of the Senate and President of said time.(19) The Senate shall absorb all responsibilities and duties of the Chamber of Deputies, and will be directly responsible for the execution of the Chamber of Deputies’ former responsibilities.
Title IV – Powers of the Parliament
(20) The Parliament shall, subject to this Constitution, have the power to make laws for the peace, order, and good government of the Republic with respect to:
(i.) Trade and commerce with other countries, and among the States:
(ii.) Census and statistics:
(iii.) Foreign corporations, and trading or financial corporations formed within the limits of the Republic:
(iv.) The service and execution throughout the Republic of the civil and criminal process and the judgments of the courts of the States:
(v.) The recognition throughout the Republic of the laws, the public Acts and records, and the judicial proceedings of the States:
(vi.) The people of any race, for whom it is deemed necessary to make special laws:
(vii.) Immigration and emigration:
(viii.) The influx of criminals:
(ix.) External Affairs:
(x.) The relations of the Republic with the nations of the European Continent and beyond:
(xi.) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws:
(xii.) The control of railways with respect to transport for the naval and military purposes of the Republic:
(xiii.) The acquisition, with the consent of a State, of any railways of the State on terms arranged between the Republic and the State:
(xiv.) Railway construction and extension in any State with the consent of that State:
(xv.) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State:
(xvi.) Matters in respect of which this Constitution makes provision until the Parliament otherwise provides:
(xvii.) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in the Senate thereof, or in the Government of the Republic, or in the Federal Judicature, or in any department or officer of the Republic.(21) The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Republic with respect to
(i.) The seat of government of the Republic, and all places acquired by the Republic for public purposes:
(ii.) Matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Republic:
(iii.) Other matters declared by this Constitution to be within the exclusive power of the Parliament.(22) Proposed laws appropriating revenue or money, or imposing taxation, shall originate in the Senate. But a proposed law shall not be taken to appropriate revenue or money, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licenses, or fees for services under the proposed law.
The Senate may amend proposed laws imposing taxation, or proposed laws appropriating revenue or money for the ordinary annual services of the Government.
The Senate may amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return any proposed law which the President may not amend, requesting, by message, the omission or amendment of any items or provisions therein. However, it will once again be up to the President’s discretion regarding what to do with the said item.(23) The proposed law which appropriates revenue or money for the ordinary annual services of the Government shall deal only with such appropriation.
(24) Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.
Laws imposing taxation except laws imposing duties of customs or of excise shall deal with one subject of taxation only, but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.(25) A vote, resolution, or proposed law for the appropriation of revenue or money shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the President to the Senate, where the proposal originated.
(26) If the Senate passes any proposed law, and the President rejects or fails to pass it, or passes it with amendments to which the Senate will not agree, and if after an interval of one month the Senate, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the President, and the President rejects or fails to pass it, or passes it with amendments to which the Senate will not agree, the President may dissolve the Senate and certify a writ for an election. But, such dissolution shall not take place within one week before the date of the expiry of the Senate by effluxion of time.
If after such dissolution the Senate again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the President, and the President rejects or fails to pass it, or passes it with amendments to which the Senate will not agree, the President may convene a joint sitting of the members of the Senate and Executive Government with the President and his personnel.
The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the Senate, and upon amendments, if any, which have been made therein by the President of the Senate, and should say legislation receive a majority of the votes, said legislation shall once more be passed to the President where he will have full power to approve or reject the legislation. Should the Senate be capable of achieving 80% or more votes in Favor of said legislation, the President shall be effectively “vetoed”, and the legislature shall pass without his assent.(27) When a proposed law passed by the Senate is presented to the President for assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the President’s name, or that he withholds assent. The President may return to the Senate any proposed law so presented to him and may transmit therewith any amendments which he may recommend, and the Senate may deal with the recommendation in which previous clauses will be activated.
Title V – The President of the Republic
(28) The executive power of the Republic is vested is exercisable by the President as the Italian Republic’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Republic. The President may, at any time after proclamation, with notice to Group Management of the Republic, appoint a new President for the Republic, in which the former President would then resign said office.
(29) There shall be a “Privato Consiglio del Presidente”, or Private Council to the President to advise the President in the government of the Republic, and the members of the Council shall be chosen and summoned by the President and sworn as Executive Councilors and shall hold office during his pleasure.
(30) The provisions of this Constitution referring to the President in Council shall be construed as referring to the President acting with the advice of the Private Council to the President.
(31) Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Republic shall be vested in the President in Council, unless the appointment is delegated by the President in Council or by a law of the Republic to some other authority.
(32) The President shall, as the representative of the Republic, oversee all governmental affairs and actions, and may intervene in said affairs by law of the constitution or decree.
(33) The President is the commander-in-chief of the armed forces, shall preside over the High Defence Council established by law, and shall make declarations of war as have been agreed by Parliament.
Title VI – The Government
(34) The Government of the Republic is made up of the President of the Council, the Vice-President of the Council, and the Ministers who together form the Council of Ministers. The President of the Republic appoints the President of the Council of Ministers and, on his proposal, the Ministers. The President of the Council shall be named the Prime Minister of the Republic. The Government must receive and retain confidence from Parliament.
(35) The President of the Council conducts and holds responsibility for the general policy of the Government. The President of the Council ensures the coherence of political and administrative policies, by promoting and co-ordinating the activity of the Ministers. The Ministers are collectively responsible for the acts of the Council of Ministers; they are individually responsible for the acts of their own ministries. The law establishes the organisation of the Presidency of the Council, as well as the number, competence and organisation of the ministries.
Part II – The Judicature
(36) The judicial power of the Republic shall be vested in a Federal Supreme Court, to be called the Constitutional Court of Italia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The Constitutional Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.
(37) The Justices of the Constitutional Court and of the other courts created by the Parliament
(i.) Shall be appointed by the President in Council:
(ii.) Shall not be removed except by the President in Council, on an address from the Senate in the same session, praying for such removal on the ground of proved misbehavior or incapacity:
(iii.) Shall receive such remuneration as the Parliament may fix, but the remuneration shall not be diminished during their continuance in office.
The appointment of a Justice of the Constitutional Court shall be for a term expiring upon 12 months of service.
A Justice of the Constitutional Court or of a court created by the Parliament may resign his office by writing under his hand-delivered to the President, which must then be publicized to the people of the Republic upon Presidential approval of the resignation.(38) The Constitutional Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences
(i.) Of any Justice or Justices exercising the original jurisdiction of the Constitutional Court:
(ii.) Of any other federal court, or court exercising federal jurisdiction, or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Republic an appeal lies to the President in Council:
(iii.) Of the Inter-State Commission, but as to questions of law only:
and the judgment of the Constitutional Court in all such cases shall be final and conclusive.
But no exception or regulation prescribed by the Parliament shall prevent the Constitutional Court from hearing and determining any appeal from the Supreme or Federal Court of a State in any matter in which at the establishment of the Republic an appeal lies from such Supreme Court to the President in Council.
Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the President in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the Constitutional Court.(39) No appeal shall be permitted to the President in Council from a decision of the Constitutional Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Republic and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the Constitutional Court shall certify that the Question is one which ought to be determined by the President in Council.
The Constitutional Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to the President in Council on the question without further leave.
Except as provided in this section, this Constitution shall not impair any right which the President may be please to exercise by virtue of his prerogative to grant special leave of appeal from the Constitutional Court to the President in Council. The Parliament may make laws limiting the matters in which leave may be asked, but the President shall reserve proposed laws containing any such limitations for his pleasure.(40) In all matters
(i.) Arising under any treaty:
(ii.) Affecting consuls or other representatives of other countries:
(iii.) In which the Republic, or a person suing or being sued on behalf of the Republic, is a party:
(iv.) Between States, between residents of different States, or between a State and a resident of another State:
(v.) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Republic:
the Constitutional Court shall have original jurisdiction.(41) The Parliament may make laws conferring original jurisdiction on the Constitutional Court in any matter
(i.) Arising under this Constitution, or involving its interpretation:
(ii.) Arising under any laws made by the Parliaments:
(iii.) Of Admiralty and maritime jurisdiction:
(iv.) Relating to the same subject-matter claimed under the laws of different States.(42) With respect to any of the matters mentioned in the last two sections the Parliament may make laws
(i.) Defining the jurisdiction of any federal court other than the Constitutional Court:
(ii.) Defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States:
(iii.) Investing in any court of a State with federal jurisdiction.(43) The Parliament may make laws conferring rights to proceed against the Republic or a State in respect of matters within the limits of the judicial power.
(44) The federal jurisdiction of any court may be exercised by such a number of judges as the Parliament prescribes.
(45) The trial on indictment of any offense against any law of the Republic shall be by jury, and every such trial shall be held in the State where the offense was committed, and if the offense was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.
Part III – Miscellaneous
(46) The seat of Government of the Republic shall be determined by the Parliament, and shall be within the region which shall have been granted to or acquired by the Republic, and shall be vested in and belong to the Republic, and shall be in the State of Lazio, and be distant not less than one hundred miles from Roma.
Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Government lands shall be granted to the Republic without any payment therefor. The Parliament shall sit at the allocated building upon these lands, as dictated by the Parliament through provisions.(47) Group Management may authorize the President to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any part of the Republic, and in that capacity to exercise during the pleasure of the President as he thinks fit to assign to such deputy or deputies, subject to any limitations expressed or directions given by the President, but the appointment of such deputy or deputies shall not affect the exercise by the President himself of any power or function.
Part IV – Alteration Of The Constitution
(48) This Constitution shall not be altered except in the following manner:
The proposed law for the alteration thereof must be passed by an absolute majority of the Senate
But if the Senate passes any such proposed law by an absolute majority, and the President rejects or fails to pass it, or passes it with any amendments to which the first-mentioned side will not agree, and if after an interval of three months the first-mentioned side in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the President, and such the President rejects or fails to pass it or passes it with any amendment to which the first-mentioned side will not agree, the President may submit the proposed law as last proposed by the first-mentioned side, and either with or without any amendments subsequently agreed to by sides, to the electors in each State and Territory qualified to vote for the election of the Senate.
When a proposed law is submitted to the electors, the vote shall be taken in such manner as the Parliament prescribes.
And if a majority of all the electors voting also approve the proposed law, it shall be presented to the President for assent, regardless of the Senate or the President’s opinions on the referendum. If approved by the electors, the President is mandated by this Constitution to assent and approve said changes to this Constitution.
The Schedule
Oath
I, A.B., do swear to be faithful to the Republic and President aexult, to loyally observe its Constitution and laws, and to exercise my functions in the exclusive interest of the Nation and solely the Italian Nation, so help me god!Affirmation
I, A.B., do solemnly and sincerely affirm and declare to be faithful to the Republic and President aexult, to loyally observe its Constitution and laws, and to exercise my functions in the exclusive interest of the Nation and solely the Italian Nation.
Subject to be changed at any time