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SUPPLEMENT TO THE 
 
 ANNALS 
 
 OF THE 
 
 American Academy 
 
 OF' 
 
 POLITICAL AND SOCIAL SCIENCE. 
 
 Vol., V. NOVEMBER, 1894^. No. 3. 
 
 CONSTITUTION 
 
 OF THE 
 
 KINGDOM OF ITALY, 
 
 TRANSLATED AND SUPPLIED WITH 
 
 AN INTRODUCTION AND NOTES 
 
 S. M. LINDSAY, Ph.D., and L. S. ROWE, Ph.D., 
 
 UNTVEKSITY OF PENNSYLVANIA. 
 
 PHII/ADELPHIA : 
 
 AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE. 
 
 Bngland : P. S. King & Son, 12 and 14 King St., Westminster, I^ondon, S. W. 
 
 Fkancb : I,. I<arose, rue Soufflot, 22, Paris. Germany : Gust^v Fischer, Jena. 
 
 Italy : Direzione del Giomale degli Bconomisti, Rome, Via Ripetta, 102. 
 
 Spain : Puentes y Capdeville, Madrid, 9 Plaza de Santa Ana. 
 
 Copyright, 1894, by the American Academy of Political and Social Science. 
 
Series of Constitutions. 
 
 The Imerican Academy of Political and Social Science 
 
 is engaged in the publication of a Series of Translations into Bnglisk 
 of foreign Constitutions. Bach Constitution is accompanied hy an 
 Historical Introduction. 
 
 The foUowing have thus far been issued : 
 
 The GoQStitntion of the United States of Mexico, 
 
 By Prof. Bernard Moses, of the University of California. 
 
 This Constitution was issued as No. 27 in the series of Publica- 
 tions of the Academy. It also appeared in the Annaw for July, 1891, 
 
 The Gonstitation of the Repn!/)io of Colombia, 
 
 By Prof. Bernard Moses, of the Un'yersity of California. 
 
 This Constitution -was issued as No, 79 in the series of Publications 
 of the Academy. It also appeared as a Supplement to the Annals 
 for January, 1893. 
 
 F>RIOB, SO OBNTS. 
 
 The Gonstitntionai and Organic Laws of France, 
 
 By Charles F. A. Currier, of the Mass. Institute of Technology. 
 
 This Constitution was issued as No. 86 in the series of Publications 
 of the Academy. It also appeared as a Supplement to the Annals 
 for Marc^, 1893. 
 
 F>F2ICB. SO CBNTS. 
 
 The Gonstitntion of the Kingdom of Pmssia, 
 
 By Prof. James Harvey Robinson, of the University of Pennsylvania. 
 
 This Constitution was issued as No. 127 in the series of Publica- 
 tions erf the Academy. It also appeared as a Supplement to the 
 Annals for September, 1894. 
 
 F3RICB. SO CBNTS. 
 
 The Gonstitntion of the Kingdom of Italy, 
 
 By Dr. S. M. Lindsay and Dr. Leo S. Rowe, 
 IS IN COURSE OF PREPARATION. 
 
 Ihe Constitutions of other important countries will follow. 
 
SUPPI<BMENT TO THB 
 
 AisrwAW ov THE American Academy of Powticai, and Sociai, Science, 
 
 November, 1894. 
 
 CONSTITUTION 
 
 OF THE 
 
 KINGDOM OF ITALY, 
 
 TRANSLATED AND SUPPLIED 
 
 WITH 
 
 AN HISTORICAL INTRODUCTION AND NOTES 
 
 BY 
 
 S. M. LINDSAY, Ph. D. 
 
 AND 
 
 LEO S. ROWE, Ph.D. 
 
 JNSTRDCTORS IN THE WHARTON SCHOOL OF FINANCE AND ECONOUT, 
 UNIVERSITY OF PENNSYLVANIA. 
 
 PHILADELPHIA: 
 AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE. 
 
 1894. 
 
NOTE. 
 
 This Constitution, by means of the numbers at the 
 bottom of the pages, is paged continuously with the 
 Constitution of the United States of Mexico, which was 
 the first paper in Volume II of the Annals, and was 
 issued in a separate edition as No. 27 of the Publications 
 of the Academy ; the Constitution of the Republic of 
 Colombia, which was sent as a Supplement to the Jan- 
 uary, 1893, Annals, and was also issued as No. 79 of 
 the Publications of the Academy ; the Constitutional 
 and Organic Laws of France, which were sent as a Sup- 
 plement to the March, 1893 Annals, and were also 
 issued as No. 86 of the Publications of the Academy, 
 and the Constitution of the Kingdom of Prussia which 
 was sent as a Supplement to the September, 1894, An- 
 nals, and was also issued as No. 127 of the Publica- 
 tions of the Academy. 
 
OUTLINE OF CONTENTS.* 
 
 PREAMBLE. 
 Article. 
 
 1. State religion. 
 
 -i. Monarchical form of government. 
 
 3. I,egislative power vested in king and two chambers. 
 
 4. Inviolability of the king's person. 
 
 5. The king the sole executive. Powers to declare war and peace and make 
 
 treaties. 
 
 6. Appointing power of king. 
 
 7. Promulgation of the laws. 
 
 8. Pardoning power of king. 
 
 9. Convoking and dissolving the chambers. 
 
 10. Initiative in legislation. Budget bills. 
 
 11. Majority of the king. 
 
 12. Regent during king's minority. 
 
 13. Regent during minority of king and of his nearest male relative. 
 
 14. Queen-mother as regent. 
 
 15. Election of regent in the absence of a constitutionally appointed one.. 
 
 16. Regent in case of physical inability of king. 
 
 17. Education of king. 
 
 18. King's rights over ecclesiastical benefices. 
 
 19. Civil list of crown. Royal palaces. 
 
 20. Private property of king. 
 
 21. Civil list of heir-apparent and of royal princes. Dowries of princesses".- 
 
 22. Oath of king. 
 
 23. Oath of regent. 
 
 Of The Rights and Duties of Citizens. 
 
 24. Universal equality before the law. Equality of rights and of eligibility foi- 
 
 office. 
 
 25. Equal taxation. 
 
 26. Personal freedom. 
 
 27. Freedom from search. 
 
 28. Freedom of the press. Printing of Bibles and church books. 
 
 29. Inviolability of property. Exception. 
 
 30. Illegal taxes. 
 ^ 31. Public debt. 
 
 32. Right of assembly in private places. Restrictions on public assemblies. 
 
 OF THE Senate. 
 
 33. Qualification, term and appointment of senators. Classes eligible to become- 
 
 senators. 
 
 34. Royal princes as senators. 
 
 *This Outline of Contents has been prepared by the Editors of the Annals.. 
 
 [253] 
 
4 Annals of thb American Academy. 
 
 35. officers of the senate. 
 
 36. Senate as a court. 
 
 37. Freedom from arrest. 
 
 3S. Presentation to senate of legal documents about royal family. 
 
 Of the Chamber of Deputies. 
 
 ■39. Mode of choosing deputies. 
 
 40. Qualification of deputies. 
 
 41. Deputies not bound by instructions. 
 
 42. Term of office. 
 
 43. Election of officers. 
 
 44. Election of new deputy. 
 
 45. Freedom from arrest. 
 
 46. Arrest for debt. 
 
 47. Power of impeachment. 
 
 Provisions REtATiNG To Both Houses. 
 
 48. Necessity for both chambers to sit at once. 
 
 49. Oath of senators and deputies, 
 
 50. No salary. 
 
 51. Immunity of debate. 
 
 52. Public and secret sessions. ' 
 
 53. Necessity of a quorum. 
 
 54. Majority of votes cast. 
 
 55. Course pursued by bills. 
 
 56. Rejected bills, 
 
 57. Petitions to the chambers. 
 
 58. No presentation of petitions in person. 
 
 59. Deputations to the chambers forbidden. Only members, ministers, etc., to 
 
 be heard by chambers. 
 
 60. Judge as to elections and qualifications of members. 
 
 61. Rules. 
 
 62. Official language. French permitted in certain cases. 
 
 63. Modes of voting, 
 
 64. No person to be a member of both chambers. 
 
 Of the Ministers. 
 
 65. Appointment and dismissal. 
 
 66. Vote in chambers. Right to speak in either chamber. 
 
 67. Responsibility of ministers. Signature to laws. 
 
 Of the Judiciary. 
 
 68. King the head of judiciary. 
 
 69. Term of office of royal appointed judges. 
 
 70. Courts, etc., to remain as before this constitution, 
 
 71. Right to legal trial. Extraordinary trials and commissions forbidde: 
 
 72. Public trials, 
 
 73. Interpretation of the laws. 
 
 [254] 
 
OuTi<iNB OF Contents. 
 
 Generai, Provisions. 
 
 74. Regulation of local Institutions and boundaries. 
 
 75. Military conscriptions. 
 
 76. Communal militia. 
 
 77. National flag and color. 
 
 78. Knightly orders. 
 
 79. Titles of nobility. New titles. 
 
 80. Prohibition^upon receiving foreign decorations, etc. 
 
 81. Abrogation of laws contrary to this constitution. 
 
 TRANSITORY PROVISIONS. 
 
 82. Date constitution goes into effect. Royal ordinances until then. 
 
 83. King's right to make certain laws. 
 
 84. Responsibility of ministers. 
 
The translators desire to express their indebtedness to Dr. Carlo F. 
 Ferraris, Professor of Administrative Law and Politics at the Univer- 
 sity of Padua; Dr. G. Mosca, Professor of Public Law at the University 
 of Rome, and Sig. M. Pantaleoni, Editor of the Qiomali degli 
 Economisti, for the careful revision of the proof-sheets and many 
 valuable suggestions, and also to Commendatore L. Bodio, Director 
 of the Royal Bureau of Statistics. ' 
 
THE CONSTITUTION OF ITAI^Y. 
 
 HISTORICAI. INTRODUCTION. 
 
 The interest with which the American people fol- 
 lowed every step in the progress of Italian unification* and 
 the sympathy felt for this nation in its struggle with its 
 French and Austrian neighbors invite special attention 
 to those fundamental provisions upon which that unity 
 is based. In treating of the Italian constitutional devel- 
 opment, one fact which hardly finds its parallel in any 
 other country, becomes apparent. The modern Italian 
 State represents the gradual aggrandizement, both as 
 regards area and internal vigor, of a comparatively small 
 State ; the Kingdom of Sardinia.t This nucleus en- 
 larged itself through a more or less willing but for- 
 mally voluntary annexation of adjacent duchies and 
 principalities and by cession from foreign countries. J 
 
 By the year 1861 this process of integration had 
 advanced far enough to enable the extended Kingdom 
 of Sardinia to proclaim itself the " Kingdom of Italy." 
 That which followed may be looked upon as the gradual 
 realization of , those aspirations, which were the neces- 
 sary and logical outcome of the intellectual and eco- 
 nomic condition of Italy at that time. 
 
 * It is only necessary to refer to the mass meeting held at the Academy of Music^ 
 in New York, on the twelfth of January, 1871, to celebrate the unification of Italy. 
 The proceedings were published by Putnam & Sons. 
 
 t The Kingdom of Sardinia in the year 1859 comprised Piedmont, Savoy, Nice and 
 Sardinia. 
 
 Jin the latter cases however, the ceded districts expressed their willingness 
 through their plebiscite, when Austria ceded l^ombardy to Piedmont in 1859, 
 although no plebiscite took place at that time ; a plebiscite of the 8th of June, 1848^ 
 had already decided in favor of such annexation. 
 
 [257] 
 
8 AnnaIvS of the American Academy. 
 
 In order, however, to fully appreciate the closing- 
 scenes in the course of Italian unification, it is neces- 
 sary to pass rapidly in review the events which led to 
 that fruitful period of Italian history when a down-trod- 
 den people claimed for itself all the prerogatives of an 
 independent nation. We must trace the movement from 
 a time when, still divided into a great number of 
 duchies and principalities, some elements of the present 
 constitution make their entry into Italian constitutional 
 history. Although the present constitution is in reality 
 identical with that granted to the people of the Kingdom 
 of Sardinia, it was by no means the first to be found 
 within the territorial limits of the present Kingdom of 
 Italy. For this we must go back as far as the close of 
 the last century, when the French Revolution and its 
 principles were stirring all Europe to its very founda- 
 tions, when the conquests of Napoleon were reforming 
 and rearranging boundaries and jurisdictions. Perhaps 
 in no other country did Napoleon so juggle with states 
 and peoples as in Italy. A worthy preliminary to his 
 subsequent policy was the Treaty of Campo Formio 
 (1797), wherein the whole of Northern and Central Italy 
 was reconstituted politically, through its division into 
 four republics. 
 
 It is not possible to bring within the range of this 
 summary, a sketch of the varying fortunes of these 
 republics which suffered division and subdivision, 
 change of government through re-instatement of their 
 respective sovereigns, etc., as pleased the will and fancy 
 of Napoleon. European history then approaches a 
 period which was destined to again change the political 
 complexion of Italy. The Congress of Vienna attempted 
 the impossible task of " ignoring the Revolution of 
 
 [258] 
 
Historical Introduction. 9 
 
 1789 " and the changes efiected by Napoleon. As re- 
 gards Italy, the internal rearrangement of territory 
 during the quarter of a century had been so great that 
 although certain restorations of dethroned monarchs 
 were provided for, the former territorial limits could 
 no longer be restored. For the future constitutional de- 
 velopment, the most important amongst these was the 
 restitution of the old Kingdom of Sardinia, with the 
 addition of Genoa, to the House of Savoy. With this 
 event the future constitutional history of Italy is inti- 
 mately interwoven. The first disturbing element, as 
 has so often happened in the history of Italian princi- 
 palities, came from without. The Austrian treaty of 1 82 1 
 prevented Victor Emanuel I. from making any conces- 
 sions to his subjects. This led to an insurrection in 
 Piedmont, and the king, not wishing to openly break 
 with Austria, abdicated in favor of his cousin. Carlo 
 Alberto, who was appointed regent. He, in turn, 
 acknowledged the superior rights of Victor Emanuel's 
 brother, Carlo Felice. The middle of the century 
 marks a period of great intellectual activity. The best 
 thought of the people was being directed toward the 
 realization of those ideals of national unity which had 
 found expression in such works as Balbo's " Speranze 
 d^Italia,'''' Gioberti's "// Primato morale e civile degli 
 Italiani^'' and in the teachings of men like Massimo 
 d'Azeglio, Giusti, Ricasoli, Capponi and Manzoni. These 
 ideas spread rapidly through Piedmont, but more espe- 
 cially in Tuscany. The way had now been prepared for 
 the activity of the two men who contributed most to the 
 promotion of Italian unification, Garibaldi and Count 
 Camillo Benso di Cavour. A convenient date from 
 -which to follow their efforts, is the accession of Pius IX 
 
 [259] 
 
lo Annals of the American Academy. 
 
 to the pontifical chair. Great hopes had been enter- 
 tained of his liberal tendencies, and it seemed as if a 
 period of vigorous national life was to follow the grant- 
 ing of a constitution to the Pontifical State, As a matter 
 of fact, constitutions were also granted in Tuscany and 
 Piedmont. But at this juncture an event occurred which 
 again, though seemingly favorable at first, turned out to 
 be a retarding factor in the progressive movement. The 
 tidal wave of revolution which spread over Europe with 
 the French Revolution of 1848 brought Italy into a state 
 of anarchy. Carlo Alberto, then King of Sardinia, tak- 
 ing advantage of the general bitterness of feeling, 
 declared war against Austria. Carlo Alberto and his 
 allies were defeated in two campaigns which lead to the 
 abdication of the king in favor of his son, Victor Eman- 
 uel II. The condition of Italy at the time of his acces- 
 sion to the throne was by no means favorable to the 
 plans he had in mind. Austria still maintained her 
 ascendancy in Parma, Modena and Tuscany through the 
 princes which she herself had placed on these thrones. 
 The liberal ideas of Pius IX. had, from a fear of revolu- 
 tionary excesses, given way to a bitter reactionary policy, 
 and Sardinia itself, the only centre from which perma- 
 nent relief was to be expected, was almost crushed by 
 the Austrian forces. 
 
 The internal reforms effected by Victor Emanuel II, 
 in both civil and religious institutions, contain some of 
 the main principles upon which the modern Italian State' 
 is based. In 1850, with d'Azeglio as Prime Minister, the 
 work of reform was inaugurated, and in 1852, when 
 Cavour took the reins of government, Italy entered upon 
 a stage of active unification. His success in arousing 
 sympathy abroad soon bore fruit. In 1859 war was 
 
 [260] 
 
Historical Introduction. h 
 
 declared between France and Sardinia on the one side and 
 Austria on the other. It was felt that upon the outcome 
 of this struggle depended, to a great extent, the im- 
 mediate consummation of the hopes of Italy. The result 
 did not bring all the expected benefits, but neverthe- 
 less marked considerable progress. Tuscany, Modena, 
 Parma, the Romagna, in a word, the whole of Central 
 Italy, declared itself for annexation to the Kingdom of 
 Sardinia, which was effected in i860. The one great 
 disappointment was the continued subjection of Venice 
 to Austrian rule. The incorporation of the outstanding 
 territories was now merely a question of time. The 
 example of Central Italy was followed in 1861 by the 
 Kingdom of the Two Sicilies. The wars of 1866 and 
 1870 brought Venice and Rome into what was already 
 looked upon as a united Italy. We have been compelled 
 to give this outline of the progress of Italian unification 
 for the simple reason that the history of the annexation 
 of provinces to the Kingdom of Sardinia is the history 
 of the extension of the Constitution of 1848 to the 
 United Kingdom of Italy. The long list of constitu- 
 tions which we are about to enumerate disappeared as 
 the petty kingdoms, duchies and principalities became 
 merged into the unified state. 
 
 CONSTITUTIONS PRIOR TO THE ALBERTINE CONSTITU- 
 TION OF 1848.* 
 
 I. The first written constitution which appeared in 
 Italy was known as the " Costituzione della Repubblica 
 Cispadana^'' which was modeled after the French Con- 
 stitution of 1795. It was adopted by the representatives 
 
 *For a fuller account of the early constitutions see UrtoUer, "Zo Statute fonda- 
 mtntalc del Regno d Italia," pp. 208. Cesena, i88i. First Part " Of the State and 
 the Monarchy," 
 
 [261] 
 
12 AnnaIvS of the; American Acadsmy. 
 
 of Bologna, Ferrara, Modena and Reggio, accepted by the 
 people and published on the twenty-seventh of March, 
 1797. Its main provisions were that the legislative 
 power should be exercised by two councils, one of sixty, 
 the other of thirty members. The former had the ex- 
 clusive right of the proposing measures, the latter that 
 of approval or rejection. The executive authority was 
 placed in the hands of a Directory of three members 
 elected by the legislative bodies. The Executive was 
 expected to look to the security of the Republic, both 
 within and without, having the power to issue proclama- 
 tions in conformity with the law. The various admin- 
 istrative bodies occupied about the same position as at 
 present. 
 
 II. After the formation of the Cisalpine Republic, a 
 constitution, also modeled after the French, was granted 
 by Napoleon and proclaimed on the ninth of July, 1797 
 (21st Messidor An. V). This also provided for an ex- 
 ecutive directory and two legislative councils, one of 
 160, the other of 80 members. 
 
 III. The above constitution was amended September 
 I, 1798, through the introduction of the French system 
 of administrative divisions. 
 
 IV. Based upon the same principles was the Constitu- 
 tion of the Ivigurian Repitblic, which was accepted by 
 the people on the second of- December, 1797. 
 
 V. The Constitution of the Tiberine, or Roman Re- 
 public, was the only one of the four Republican Consti- 
 tutions which made any attempt at deviation from the 
 principles of the French Constitution. These differ- 
 ences, however, were more apparent than real. In form, 
 ancient traditions were adhered to, and in place of the 
 councils of thirty and of sixty, a Senate (Senatd) and a 
 
 [262J 
 
Historical Introduction. 13 
 
 Tribunal (Tribunatd) were substituted. The traditional 
 Directory was christened Consulate with five Consuls, 
 elected by the legislative councils acting in the capacity 
 of an electoral assembly. This constitution was pro- 
 mulgated on the twentieth day of March, 1798. 
 
 VI. The Parthenopean Constitution of 1799 marks a 
 still more decided deviation from the French model 
 which had, heretofore, furnished the outline for consti- 
 tutions of Italian States. It provided for a bi-cameral 
 system, a Senate of fifty members having the exclusive 
 right of legislative initiative, and a council of 120 with 
 power of approval or rejection. A peculiar provision 
 of this constitution was the formation of departmental 
 commissions ' ' to see that citizens lived according to 
 democratic principles," and in case of infraction of such 
 principles to deprive them of their active and passive 
 rights of citizenship. They also had the supervision 
 of public education. No citizen enjoyed the electoral 
 franchise without previous military service. Educa- 
 tional as well as moral qualifications were prescribed as 
 conditions for eligibility to public office and especially 
 for Representative. 
 
 VII. Napoleon having secured from Austria the prov- 
 inces of the Cisalpine Republic, introduced therein a new 
 system of government, consisting of a governing com- 
 mission and a legislative advisory board. These two 
 bodies then prepared the Constitution of January 26, 
 1802. The name, " Cisalpine Republic," was changed 
 to " Italian Republic." Napoleon assumed the Presi- 
 dency. The electors were divided into three classes — 
 the college of the possidenti (property owners), whose 
 place of meeting was Milan; the college of the dotti 
 (the learned), which met at Bologna, and that of the 
 
 [263] 
 
14 Annals of the American Academy. 
 
 commercianti (tradesmen), whicli met at Brescia. Upon 
 these three colleges devolved the duty of electing the 
 Advisory Council of State, the Legislative Corps, the 
 members of the highest tribunals and the commissioners 
 of the public treasury. They also had the power of 
 expressing their opinion upon any constitutional amend- 
 ments proposed by the Advisory Council of State. 
 Another peculiar and important body created by this 
 constitution was the " Censura^'' a commission composed 
 of twelve members elected by the three electoral colleges. 
 It elected public ofl&cials from the lists proposed by the 
 three colleges, filled vacancies in the College of the 
 Learned and decided upon the institution of legal pro- 
 ceedings in cases of alleged unconstitutional acts. The 
 Advisory Council of State, composed of eight members, 
 was entrusted with the examination of foreign treaties 
 as well as all matters pertaining to foreign affairs. The 
 cabinet ministers of. the President were responsible for 
 the acts of the government, for the execution of the laws 
 and all decrees of the public administration, as well as 
 for the expenditures and receipts of public monies. 
 
 VIII. The above constitution, proving too democratic 
 was amended the same year. For the Legislative Corps 
 a Senate was substituted, in which all political and 
 administrative powers were concentrated ; it consisted of 
 thirty members, presided over by a Doge, and was divided 
 into five departments, namely, the Supreme or General 
 Department, the Department of Justice and Legislation ; 
 of the Interior ; of War and Navy, and of Finance. The 
 presidents of the four latter performed the functions of 
 cabinet ministers. 
 
 IX. A Constitution for the Ligurian Republic was pro- 
 mulgated June 24, 1802, and remained in force until 1805. 
 
 [264] 
 
Historical Introduction. 15 
 
 X, Monarchial aspirations commenced to take hold of 
 the smaller Italian States, and induced them to resign 
 their sovereignty and become parts of the French Em- 
 pire, forming the departments of Genoa, of Montenotte 
 and of the Apennines. Napoleon's desire was now to 
 rearrange Italy so as to form, if possible, one united 
 State, or at most, two or three smaller, but powerful 
 States. In pursuance of this plan, that part of the 
 Republic included between the rivers Ticino, Adige, 
 and Rubicon and I^e Rezie, formed the new Italian State. 
 Its_ constitution was based upon the same principles as 
 those of the French Empire and remained in force until 
 the fall of Napoleon. 
 
 XI. Joseph Napoleon, having been called to the 
 Spanish throne, decided, upon leaving Naples, to grant 
 a constitution to the Kingdom of Naples, which was 
 promulgated in 1808, but was only nominally in force 
 until formally recognized in 181 5 by Joachim Murat> 
 his immediate successor. It gave the king the right of 
 veto, provided for one single legislative chamber, com- 
 posed of 100 members, and a Council of State, com- 
 posed of not less than twenty-six and not more than 
 thirty-six members. The legislative body was divided 
 into five sections; that of the Clergy, of the Nobility, 
 of the Property-owners, of the lycamed and of the 
 Tradesmen. The Council of State was divided into 
 four departments, namely, that of Justice and Public 
 Worship, of the Interior and Police, of Finance, of War 
 and Navy. The Council of State was presided over by 
 the king or by his deputy. It was entrusted with the 
 preparation of civil and criminal laws, and of general 
 administrative regulations. Its powers were, however^ 
 of an advisory rather than of a legislative nature. 
 
 [265] 
 
1 6 AnnaIvS op the American Academy. 
 
 XII. We have now several constitutions of minor im- 
 portance to consider. In 1812, Francis, who was made 
 Viceroy of Sicily after the abdication of his father, Fer- 
 dinand III., granted a comparatively liberal constitution. 
 The legislative power was placed in the hands of 
 a Parliament, the approval of the king being required 
 for the validity of all laws. The judiciary was dis- 
 tinctly separated from the executive and legislative 
 powers; the cabinet ministers and public ofl&cials were 
 responsible to Parliament, which was composed of two 
 chambers, a House of Commons to represent the people, 
 and a House of Lords to be composed of those ecclesias- 
 tical and temporal dignitaries who occupied certain 
 rank.* 
 
 XIII. In the year 1815, Joachim Murat formally 
 adopted with certain modifications the constitution minor 
 granted by Joseph Napoleon in i8o8,t which was pro- 
 mulgated only a few days before the restoration of 
 the Bourbons to the throne of Naples. Its main pro- 
 visions were: the executive power to be exercised by 
 the king, the legislative by a Parliament of two cham- 
 bers, a Senate and a Council of Notables. The con- 
 currence of both Legislative and Executive was neces- 
 sary to the validity of all laws and important regulations. 
 
 XIV. In the year 1820, Ferdinand I. granted a consti- 
 tution to the Kingdom of the Two Sicilies. The 
 Parliament, a single chamber composed of deputies 
 representing the whole nation, had very extensive 
 powers. A peculiar provision of this constitution was 
 the so-called Parliamentary Deputation composed of 
 
 * This evident analogy to the English constitutional system is partly due to Sir 
 William Bentinck, the Commander of the English army which then occupied the 
 island. 
 
 f- See Constitution, No. XI. 
 
 [266] 
 
Historical Introduction. 17 
 
 seven members, elected by Parliament, whose duty it 
 was, in case of the dissolution of tbe latter, to maintain 
 the observance of the constitution, and to convoke Par- 
 liament in extraordinary session, as prescribed by the 
 constitution. The king appointed and dismissed all 
 cabinet ministers, and exercised special powers regard- 
 ing foreign affairs. The Council of State, composed of 
 twenty-four members, was his advisory board. The 
 Judiciary was absolutely independent of both Legisla- 
 ture and Executive. 
 
 XV. We now approach the period of liberal con- 
 stitutions of the year 1848. The first one was that 
 granted February 10, 1848, by Ferdinand II. of Sicily. 
 The legislative body was divided into two chambers cor- 
 responding exactly to the then prevailing theory of con- 
 stitutional government. It was composed of a Chamber 
 of Peers and a Chamber of Deputies. The former were 
 appointed by the king for life and constituted a high 
 court of justice for the trial of offences against the 
 security of the State, as well as a legislative body. The 
 Chamber of Deputies was composed of members repre- 
 senting the nation at large. 
 
 XVI. Ivcopold II., of Tuscany, recognizing the need 
 of a more highly developed civic activity, granted to 
 the people of Tuscany February 15, 1848, a constitu- 
 tion known as '■'• Lo Statuto delta 7<7jca«a!," which pro- 
 vided for a complete system of representative govern- 
 ment. The legislative body was composed of two 
 chambers; a Senate, composed of members appointed 
 by the Grand Duke; a General Council, composed of 
 eighty-six deputies, elected by constituted Electoral Col- 
 leges. Commercial and industrial liberty, as well as 
 the freedom of the press, were guaranteed in a special 
 
 [267] 
 
1 8 Annals op the American Academy. 
 
 section of the constitution known as the " Public Law 
 of the TuscansP 
 
 XVII. Reference has already been made to the hopes 
 aroused by the liberal tendencies of Pius IX. These 
 expectations seemed to be realized in the " Constitution 
 of the Temporal Power " (Statuto fondameniale del 
 Governo temporale)^ sanctioned by Pius IX. on the four- 
 teenth of March, 1848. The legislative power was 
 divided into two bodies, the High Council and the 
 Council of Deputies. The only restriction of the 
 legislative functions was an express prohibition of 
 all discussion of the foreign relations of the Holy See, 
 as well as all laws affecting ecclesiastical matters when 
 not in harmony with the canons and discipline of the 
 church. Each legislative session was limited to three 
 months. All bills after passing both councils were sub- 
 mitted to the Sovereign Pontiff and then considered in 
 secret consistory. Having heard the opinion of the 
 cardinals, the pope gave or withheld his approval. The 
 Sacred College confirmed the nomination of cabinet 
 ministers and filled vacancies. A Council of State, com- 
 posed of ten members and twenty-four adjunct advisors, 
 was entrusted with the preparation of laws and regu- 
 lations. 
 
 XVIII. Sicily, having become, for the moment, an in- 
 dependent State through a successful revolution against 
 the King of the Two Sicilies, a Constituent Assembly 
 adopted a new constitution on the tenth of July, 1848. 
 The legislature comprised two branches, a Chamber of 
 Deputies and a Senate, the former being renewed bien- 
 nially, in its entirety while in the latter one-third retired 
 every two years. The king could neither adjourn 
 nor dissolve Parliament. The analogies between this 
 
 [268] 
 
HisTORicAi, Introduction. 19 
 
 constitution and that of the United States are numerous 
 and striking. 
 
 XIX. The revolution in Rome having resulted in the 
 proclamation of the Republic on the ninth of February, 
 1848, by the Constituent Assembly, the basis of this 
 constitution was naturally in harmony with the circum- 
 stances of its origin. The people were declared to be 
 by eternal right sovereign; all titles of nobility and 
 class privileges were swept away, all religious qualifica- 
 tions for the exercise of civil and political rights were 
 abolished. The pope was granted the necessary guaran- 
 tees for the exercise of his spiritual power. The con- 
 stitution, furthermore, provided for an Assembly, a 
 Consulate and an independent Judiciary. The legisla- 
 tive power was in the hands of an Assembly, the 
 initiative in legislation belonging both to the Deputies 
 and to the Consulate. In addition, a Council of State 
 was provided for, which was to be consulted by the 
 Consulate and cabinet ministers concerning proposed 
 measures! 
 
 XX. We now come to the constitution which is that 
 of the modern Italian State. The constitution granted 
 by Carlo Alberto, King of Sardinia, on the fourth of 
 March, 1848, was preceded by the following declaration: 
 "The people that we have governed by the will of a 
 Divine Providence during the last seventeen years with 
 fatherly love have always understood our aflFection just 
 as we have endeavored to learn of their wants, and it 
 has always been our doctrine that Prince and nation 
 were united by the strong bonds of the common wel- 
 fare. Of this union we have had the gratifying proof 
 in the general approval with which the recent reforms 
 have been received. The desire for their happiness, as 
 
 [269] 
 
20 Annals of the American Academy. 
 
 well as the wish to accustom our people to the discussion 
 of public affairs, has prompted our action in the pro- 
 jects for future reform. Now, that the time is pro- 
 pitious for more rapid progress in this direction, it is our 
 wish, in the midst of changes which are revolutionizing 
 Italy, to give most solemn proof of our confidence in 
 the loyalty of our subjects. At the present moment we 
 are fortunately able to proclaim, with the advice of our 
 ministers and advisors, the following principles as the 
 basis of a constitution to realize in our States a com- 
 plete system of representative government." Then 
 followed fourteen articles which outlined the principles 
 of the constitution: 
 
 Art. I. The Roman Catholic religion is the only 
 religion of the State. All other cults now existing are 
 tolerated in accordance with the law. 
 
 Art. 2. The person of the King is sacred and inviol- 
 able. His ministers are responsible. 
 
 Art. 3. To the King alone belongs the executive 
 power. He is the supreme head of the State. He is 
 commander-in-chief of the army and navy, declares 
 war, concludes treaties of peace, alliance and commerce, 
 appoints public officials, and gives all necessary orders 
 for the proper execution of the laws. 
 
 Art. 4. The king alone sanctions laws and promul- 
 gates them. 
 
 Art. 5. Justice emanates from the king and is admin- 
 istered in his name. He has the power of pardoning 
 offences and commuting sentences. 
 
 Art. 6. The legislative power is to be exercised by 
 the King and two chambers collectively. 
 
 Art. 7. The first Chamber is to be composed of mem- 
 bers appointed for life by the King; the second is to be 
 
 [270] 
 
Historical Introduction. 21 
 
 elected upon the basis of qualifications to be determined 
 hereafter. 
 
 Art. 8. The proposal of laws belongs to the King and 
 to each of the two Chambers. Every bill for the levying 
 of taxes, however, shall first be presented to the elective 
 Chamber. 
 
 Art. 9. The King shall convoke the two houses 
 annually. He has the power to prorogue their sessions, 
 and may dissolve the elective Chamber, in which case, 
 however, the new house shall be convoked within the 
 succeeding four months. 
 
 Art. 10. No tax shall be levied or collected without the 
 consent of both Houses and the approval of the King. 
 
 Art. ii. The press shall be free, but subject to 
 restrictive laws.* 
 
 Art. 12. Individual liberty shall be guaranteed. 
 
 Art. 13. Judges, with the exception of those insti- 
 tuted for special purposes, shall hold oflBce for life after 
 having held position for a certain number of years. 
 
 Art. 14. The right to establish a communal militia is 
 reserved. It shall be composed of taxpayers of a speci- 
 fied grade, be subject to the control of the administrative 
 authority and directly responsible to the Minister of the 
 Interior. The King may suspend or dissolve the militia, 
 whenever he shall deem fit. 
 
 " The constitution which in pursuance of our wishes 
 has been prepared in conformity with the articles above 
 mentioned, shall take efiect immediately after the reor- 
 ganization of the local administration. 
 
 " May God protect the new era which opens itself 
 before our people and until they shall be able to exercise 
 
 *This clause refers to the abolition of the censorship. "Restrictive laws" do 
 not refer to provisions for previous examination of matter intended for publica- 
 tion, but rather to the subsequent determination of liability for acts committed. 
 
 [271] 
 
22 Annans of mn American Academy. 
 
 the greater liberties accorded them, of which they 
 are and will continue to be worthy, we expect of them 
 the rigorous observance of existing laws and the imper- 
 turable calm so necessary to complete the work of inter- 
 nal organization." 
 
 Given atTurin, February 8, 1848. 
 
 The constitution announced in the above proclama- 
 tion was promulgated on the fourth of March, 1848.* 
 
 Although no provision is to be found in this constitu- 
 tion for amendment, most Italian constitutional jurists 
 have held that Parliament, with the approval of the 
 King, has the power to ma.ke laws amending the consti- 
 tution, for an immutable constitution is sure in time to 
 hamper the development of a progressive people. It is 
 hardly necessary to add that such an instrument is con- 
 trary to the true conception of an organic law. As a mat- 
 ter of fact several provisions have been either abrogated 
 or rendered null and void through change of conditions. 
 
 Thus the second clause of Article 28, requiring the 
 previous consent of the bishop for the printing of Bibles, 
 prayer books and catechisms, has been rendered of no 
 effect through subsequent laws regulating the relations 
 of Church and State. Article 76, which provides for the 
 establishment of a communal militia, has been abrogated 
 by the military law of June 14, 1874. The fact that no 
 French-speaking provinces now form part of the king- 
 dom has made Article 62 a dead-letter. So also Articles 53 
 and 55 are no longer strictly adhered to. At all events 
 their observance has been suspended for the time being. 
 
 * The extension of this constitution to the various parts of the present Kingdom 
 of Italy was effected by a series of Plebiscites: I<onibardy, December 7, 1859; Emilia 
 by decree of March 18, i860, and law of April 15, i860; Neapolitan Provinces, Decem- 
 ber 17, i860; Tuscany, decree March 22, and law April 15, i860; Sicily, Marches and 
 Umbria, December 17, i860; Province of Venice, decree July 28, i866; Roman Prov- 
 inces, decree October 9 and law December 31, 1870. 
 
 [272] 
 
THE CONSTITUTION OF ITAI^Y.' 
 
 (Chari,es AI.BERT, by the Grace of God, King of Sar- 
 dinia, Cyprus and Jerusalem, Duke of Savoy, Genoa, 
 Monferrato, Aosta, of the Chiablese, Genovese and of 
 Piacenza; Prince of Piedmont and Oneglia; Marquis of 
 Italy, Saluzzo, Ivrea, Susa, Ceva, of the Maro, of Oris- 
 tano, of Cesana and Savona; Count of Moriana, Geneva, 
 Nice, Tenda, Romonte, Asti, Alexandria, Goceano, 
 Novara, Tortona, Vigevano and of Bobbio; Baron of 
 Vaud and Faucigny; L,ord of Vercelli, Pinerolo, Taran- 
 tasia, of the I/omellina and of the Valley of Sesia, etc., 
 etc., etc.) 
 
 With the fidelity of a king and the affection of a 
 father, we are about to-day to fulfill all that we promised 
 our most beloved subjects in our proclamation of the 
 eighth of last February, whereby we desired to show, in 
 the midst of the extraordinary events^ then transpiring 
 
 1 The bibliographical note wbicb follows this translation will indicate various 
 Italian texts and French translations of the constitution as well as reference to 
 several commentaries. The only English translation of which we have knowl- 
 edge is that made by the ^glish Embassy and published in a volume of Parlia- 
 mentary Reports entitled, "Correspondence Respecting the Affairs of Italy 
 1S46-47," Part ii, p. 130, ff, I^ndon, 1848. 
 
 2 Here reference is made to the insurrections, riots, etc., many of them of a very 
 serious nature, which gave expression to the rising spirit of democracy throughout 
 all Italy, and was even the subject of correspondence with foreign countries as 
 endangering the peace of Europe. The weakness of the petty rulers in many 
 of the provinces, who maintained their position only through the aid of Aus- 
 trian arms, so increased the desire of the population to be freed from foreign rule 
 that some form of representative government became imperative. Even in Sar- 
 dinia, with the more able government of Charles Albert, the feeling of discontent 
 and opposition to the existing government was so strong, that the municipality 
 of Turin finally petitioned the King, on February 5, 1848, for a constitution for 
 the country. These petitioners included among their number many of the 
 nobility and high officials of State, as well as large landed proprietors. The 
 
 [273] 
 
24 Annals of the American Academy. 
 
 throughout the country, how much our confidence in 
 our subjects increased with the gravity of the situation, 
 and how, consulting only the impulse of our heart, we 
 had fully determined to make their condition conform 
 to the spirit of the times and to the interests and dignity 
 of the nation. 
 
 We, believing that the broad and permanent repre- 
 sentative institutions established by this fundamental 
 statute are the surest means of cementing the bonds of 
 indissoluble affection that bind to our crown a people 
 that has so often given us ample proof of their faithful- 
 ness, obedience and love, have determined to sanction 
 and promulgate this statute. We believe, further, that 
 God will bless our good intentions, and that this free, 
 strong and happy nation will ever show itself more 
 deserving of its ancient fame and thus merit a glorious 
 future. 
 
 Therefore, we, with our full knowledge and royal 
 
 serious condition of affairs at Milan and Naples influenced public opinion at 
 Turin. At Milan an attempt was made to increase tlie public revenue by increas- 
 ing the tax on tobacco, and this measure was so obnoxious that the young men 
 of the city banded together to resist it by refusing to ponsume tobacco until it 
 was removed, and holding up as their example the action of the' American colo- 
 nists when opposed to the tea tax in Revolutionary days. In Naples the greatest 
 disorder prevailed. An order to disperse the students to their homes was issued 
 by the authorities, but subsequently revoked as a measure that tended to spread 
 discontent. Finally, on January 29, 1848, a decree was issued at Naples promising 
 that the Sicilian king would grant his people a constitution. This promise inten- 
 sified the demands made in other provinces, and King Charles Albert, of Sardinia, 
 after several secret sessions of his Council, answered the petition of the Turin 
 municipality by his proclamation of February 8, declaring that he of his " free 
 and entire vriU " believed the time ripe for granting his subjects a complete 
 representative System of government. He further stated his intention to grant 
 them a fundamental statute then in preparation, but the character and principal 
 points of which he gave an outline. This action gave immediate satisfaction, not 
 lessened by the appearance of the statute itself some weeks later. 
 
 [274] 
 
The Constitution of Itai<y. 25 
 
 aufhority and -with the advice of our Council, "Have 
 ordained and do hereby ordain and declare in force the 
 fundamental perpetual and irrevocable statute and law 
 of the monarchy as follows: 
 
 Artici^E I. The Catholic, Apostolic and Roman 
 religion is the only religion of the State. Other cults 
 now existing are tolerated conformably to the law.^ 
 
 > The evident purport of this article upon the relation of the State to the Church 
 has been very radically changed by subsequent laws. A decree dated October 9, 
 1870, and the laws of December 31, 1870, and May 13, 1871, have given it quite a dif- 
 ferent meaning from that in vogue at the time of the adoption of the constitution. 
 The latter law has attained particular importance since the Council of State 
 declared (March 2, 1878), that it may be considered to all intents and purposes as 
 part of the fundamental law of the kingdom. It is known as the "Guarantee 
 I<aw," and its full text may be found in an excellent collection of administrative 
 laws, together with the text of the Statute issued by the firm of G. Barbera, Flor- 
 ence, and entitled " Codice Poliiico Amtninistralivo" with notes and interpretations 
 by Professor Cogliolo and Aw. E. Malchiodi. It is this Guarantee I,aw that the 
 Pope has never accepted, and under which he declares himself to be the prisoner 
 of the Italian Government. A synopsis of its provisions may be given as follows: 
 (j) The person of the Pontiff is sacred and inviolable; (2) any attempt or provoca- 
 tion to take the life of the Pope as well as any personal assault or offence by public 
 act or speech is punished under the same law as that protecting the person of the 
 king. The right to discuss religious matters is, however, entirely free. (3) The 
 Italian Government guarantees to the Pope when in Italian territory all honors 
 customarily shown him by Catholic sovereigns and permits him to maintain the 
 usual number of guards and personal attaches without violation of law. (4) An 
 annual income of 3,225,000 lire is reserved for the Holy See as a dotation for the 
 expenses of the Holy Apostolic Palace, Holy College, ecclesiastical organization 
 and diplomatic representation. This dotation forms part of the public debt in the 
 form of a perpetual and inalienable income which remains free from all taxation 
 and may not be diminished even in case the government should later decide to be 
 responsible for the expenses of the museums and of the library; (5) besides this 
 the Sovereign Pontiff has the use of the Vatican and I<ateran Palaces, with all 
 gardens, etc., appertaining thereto, and also the Villa di Castello Gondolfo. All 
 these palaces, villas, as well as museums, library and historic collections are 
 inalienable and exempt from taxation and appropriation. (6) During the vacancy 
 of the Pontifical Chair no political or j udicial authority may hinder or limit the per- 
 sonal liberty of the Cardinals. The government will protect assemblies of conclave 
 and cecumenical councils from exterior disturbance and violence. (7) Ko public 
 
 [275] 
 
26 Annai<s of the; American Academy. 
 
 Art. 3. The State is governed by a representative 
 
 official in the performance of the duties of his office may enter the residence of 
 the Pope or the Papal palaces during the sessions of an oecumenical council or 
 when the Cardinals are united in conclave without the previous permission of the 
 Pope, Conclave or Council. (8) Papers, documents, books, registers, etc., deposited 
 in pontifical offices and invested with a purely spiritual character may not be ex- 
 amined by process of law. (9) The Sovereign Pontiff is entirely free to fulfill the 
 functions of his spiritual ministry and to this end may put notices on basilicas 
 and churches of Rome. (10) The clergy at Rome in the exercise of their spirit- 
 ual functions cannot be subjected to any examination, investigation or control 
 on the part of the civil authorities. Every foreigner invested with ecclesiastical 
 functions at Rome shall enjoy all the privileges and immunities of Italian 
 citizens. (11) Envoys of foreign governments to the Holy See are entitled to 
 the same prerogatives and immunities accorded to other diplomatic agents 
 according to the usages of international law. Also envoys of the Holy See 
 are entitled to rights of the same nature while going or returning from their 
 mission. (12) The Pontiff has the right to establish his own post office and 
 telegraph service at the Vatican. This post office may transmit sealed pack- 
 ages of correspondence direct to foreign offices or through the medium of the 
 Italian Post. In either case transmissions in Italian territory are made free of 
 charge. Telegrams received with Pontifical mark are transmitted within the 
 Kingdom like telegrams of the State, free of charge. (13) Within the city of Rome 
 the six subsidiary Sees, the seminaries, academic colleges and other Catholic insti- 
 tutions, founded for ecclesiastical education remain under the sole control of the 
 Holy See and may not be subjected to any interference on the part of the educa- 
 tional authorities of the State. (14) Every special restriction of the right of the 
 members of the Catholic clergy to assemble is abolished. (15) The government 
 renounces^the right to an apostolic legation in Sicily and to the appointment to the 
 major benefices throughout the kingdom. Bishops are no longer required to swear 
 fidelity to the King. Major and minor benefices may be conferred only on citizens 
 of the Kingdom except in Rome and its subsidiary Sees. (i5) The governmental 
 authorization for the publication of ecclesiastical acts is abolished, but until pro- 
 vision is made in a special law, this authorization {exequatur ei placet regio) is 
 maintained for acts disposing of ecclesiastical goods and making appointments to 
 the major and minor benefices, except in Rome and its subsidiary Sees. (17) In 
 matters of spiritual discipline there is no appeal from decisions of ecclesiastical 
 authorities, nor is there accorded to these decisions any execution by the public 
 authority. If, however, these acts are contrary to law, they are subject to civil 
 jurisdiction and punishment. (18) A future law will provide for the reorganiza- 
 tion, preservation and administration of the ecclesiastical estates of the Kingdom. 
 (19) All regulations now in force contrary to this law are hereby declared to be 
 null and void. 
 
 [276] 
 
Th:b Constitution of Italy. 27 
 
 monardiical government, and the throne is hereditary- 
 according to the Salic law.^ 
 
 Art. 3. The legislative power shall be exercised col- 
 lectively by the King and the two Chambers, the Senate 
 and the Chamber of Deputies. 
 
 Art. 4. The person of the King is sacred and inviolable. 
 
 Art. 5. To the King alone belongs the executive 
 power. He is the supreme head of the State; commands 
 all land and naval forces; declares war; makes treaties 
 of peace, alliance, commerce and other treaties, com- 
 municating them to the Chambers as soon as the interest 
 and security of the State permits, accompanying such 
 notice with opportune explanations; provided that 
 treaties involving financial obligations or change of 
 State territory shall not take effect until they have re- 
 ceived the consent of the Chambers. 
 
 Art. 6. The King appoints to all the offices of the 
 State and makes the necessary decrees and regulations 
 for the execution of the laws, provided that such decrees 
 do not suspend or modify their observance. 
 
 Art. 7. The King alone sanctions and promulgates 
 the laws. 
 
 Art. 8. The King may grant pardons and commute 
 sentences. 
 
 Art. 9. The King convokes the two Chambers each 
 year. He may prorogue their sessions and dissolve the 
 Chamber of Deputies, in which case he shall convoke a 
 new Chamber within a period of four months. 
 
 1 The Salic I,aw originated with the Salian Franks. The famous clause of this 
 law, which now bears the name of the whole, is the fifth paragraph of chapter 
 59, which prescribes conditions for the inheritance of private property by which 
 women are excluded from the line of succession. This clause was later applied to 
 the succession to the throne, and now the term " Salic I^aw " is used solely in this 
 sense and means male succession. 
 
 [277] 
 
28 Annam op thb American Academy. 
 
 Art. io. The initiative in legislation belongs both to 
 the King and the two Houses. All bills, however, im- 
 posing taxes or relating to the budget shall first be pre- 
 sented to the Chamber of Deputies. 
 
 Art. II. The King shall attain his majority upon 
 completion of his eighteenth year. 
 
 Art. 13. During the King's minority, the Prince who 
 is his nearest relative in the order of succession to the 
 throne, shall be regent of the realm, provided he be 
 twenty-one years of age. 
 
 Art. 13. Should the Prince upon whom the regency 
 devolves be still in his minority and this duty pass to a 
 more distant relative, the regent who actually takes 
 office shall continue in the same until the King becomes 
 of age. 
 
 Art. 14. In the absence of male relatives, the regency 
 devolves upon the Queen-Mother. 
 
 Art. 15. In the event of the prior decease of the 
 Queen-Mother, the regent shall be elected by the legis- 
 lative Chambers, convoked within ten days by the Min- 
 isters of the Crown. 
 
 Art. 16. The preceding provisions in reference to the 
 regency are also applicable in case the King has attained 
 his majority, but is physically incapable of reigning. 
 Under such circumstances, if the heir presumptive to the 
 throne be eighteen years of age, he shall be regent of 
 full right. 
 
 Art. 17. The Queen-Mother has charge of the edu- 
 cation of the King until he has completed his seventh 
 year; from this time on his guardianship passes into the 
 hands of the regent. 
 
 Art. 18. All rights pertaining to the civil power in 
 matters of ecclesiastical benefices and in the execution 
 
 [278] 
 
The Constitution of Italy. 29 
 
 of all regulations whatsoever coming from foreign coun- 
 tries shall be exercised by the King.' 
 
 Art. 19. The civil list of the Crown shall remain, 
 during the present reign, at an amount equal to the 
 average of the same for the past ten years. The King 
 shall continue to have the use of the royal palaces, villas, 
 gardens and their appurtenances, and also of all chattels 
 intended for the use of the Crown, of which a speedy 
 inventory shall be made by a responsible ministerial 
 department. In the future the prescribed dotation of 
 the Crown shall be fixed for the duration of each reign by 
 the first lyegislature subsequent to the King's accession 
 to the throne.^ 
 
 Art. 20. The property that the King possesses in his 
 own right, shall form his private patrimony, together 
 with that to which he may acquire title either for a con- 
 sideration or gratuitously in the course of his reign. 
 The King may dispose of his private patrimony either 
 by deed or will exempt from the provisions of the civil 
 law as to the amount thus disposable. In all other cases, 
 the King's patrimony is subject to the laws that govern 
 other property. 
 
 Art. 31. The law shall provide an annual civil list 
 for the heir apparent to the throne when he has attained 
 his majority, and also earlier on occasion of his mar- 
 riage; for the allowances of the Princes of the royal 
 family and royal blood within the specified conditions; 
 for the dowries of the Princesses and for the dowries of 
 the Queens. 
 
 iThe clause, "Regulations from foreign coantries," refers to Papal decrees, 
 ecclesiastical ordinances, judicial sentences, and matters relating to extradition. 
 At time of adoption of this constitution Rome was foreign territory. 
 
 » After King Humbert I. ascended the throne, a law dated June 27, 1880, fixed the 
 annual dotation of the Crown, but the sum then agreed upon has since been in- 
 creased to 14,250,000 lire. 
 
 [279] 
 
30 Annai,s of the; American Academy. 
 
 Art. 22. Upon ascending the throne, the King shall 
 take an oath in the presence of the two Chambers to 
 observe faithfully the present constitution. 
 
 Art. 23. The regent, before entering on the duties 
 of that ofl&ce, shall swear fidelity to the King and faith- 
 ful observance of this constitution and of the laws of 
 the State. 
 
 OF THE RIGHTS AND DUTIES OF CITIZENS. 
 
 Art. 24. All the inhabitants of the Kingdom, what- 
 ever their rank or title, shall enjoy equality before the 
 law. All shall equally enjoy civil and political rights 
 and be eligible to civil and military office, except as 
 otherwise provided by law. 
 
 Art. 25. All shall contribute without discrimination 
 to the burdens of the State, in proportion to their pos- 
 sessions. 
 
 Art. 26. Individual liberty is guaranteed. No one 
 shall be arrested or brought to trial except in cases pro- 
 vided for and according to the forms prescribed by law. 
 
 Art. 27. The domicile shall be inviolable; No house 
 search shall take place except in the enforcement of 
 law and in the manner prescribed by law. 
 
 Art. 28. The press shall be free, but the law may 
 suppress abuses of this freedom.^ Nevertheless, Bibles, 
 catechisms, liturgical and prayer books shall not be 
 printed without the previous consent of the bishop.^ 
 
 Art. 29. Property of all kinds whatsoever shall be 
 inviolable. In all cases, however, where the public 
 
 1 The first law issued under this clause was that of March 26, 1848. (Text is in 
 collection referred to in note i on page 25.) This law has since been modified by 
 the following acts: February 26, 1852; June 20, 1858; May 6, 1877, and again by the 
 Penal Code of 1889. 
 
 2 The second section of this article has been practically abrogated by subse- 
 quent legislation. 
 
 [280] 
 
The Constitution of Italy. 31 
 
 welfare, legally ascertained, demands it, property may be 
 condemned and transferred in whole or in part after a 
 just indemnity has been paid according to law/ 
 
 Art. 30. No tax shall be levied or collected without 
 the consent of the Chambers and the sanction of the King. 
 
 Art. 31. The public debt is guaranteed. All obliga- 
 tions between the State and its creditors shall be in- 
 violable. 
 
 Art. 33. The right to peaceful assembly, without 
 arms, is recognized, subject, however, to the laws that 
 may regulate the exercise of this privilege in the inter- 
 est of the public welfare.^ This privilege is not appli- 
 cable, however, to meetings in public places or places 
 open to the public,* which shall remain entirely subject 
 to police law and regulation. 
 
 OF THE SENATE. 
 Art. 33. The Senate shall be composed of members, 
 having attained the age of forty years, appointed for life 
 by the King, without limit of numbers. 
 • They shall be selected from the following categories 
 of citizens: 
 
 1. Archbishops and Bishops of the State. 
 
 2. The President of the Chamber of Deputies. 
 
 3 . Deputies after having served in three L,egislatures, 
 or after six 3'ears of membership in the Chamber of 
 Deputies. 
 
 4. Ministers of State. 
 
 5. Secretaries to Ministers of State. 
 
 6. Ambassadors. 
 
 1 Ivaw of June 25, 1865. 
 
 ' I<aw for public safety, dated March 20, 1865, was modified by the law of July 6, 
 1871. Law now in force is dated June 30, 1889. (Text in collection mentioned 
 note I on page 25.) 
 
 ' Such as theatres, concert halls, etc. 
 
 [281] 
 
32 Annai<s of the Ambrican Academy. 
 
 7. Envoys Extraordinary after three years of such 
 service. 
 
 8. The First Presidents of the Courts of Cassation ' 
 and of the Chamber of Accounts.* 
 
 9. The First Presidents of the Courts of Appeal.* 
 
 10. The Attorney-General of the Courts of Cassation 
 and the Prosecutor-General, after five years of service. 
 
 11. The Presidents of the Chambers of the Courts of 
 Appeal after three years of service. 
 
 12. The Councillors of the Courts of Cassation and 
 of the Chamber of Accounts after five years of service. 
 
 13. The Advocates-General and Fiscals-General of the 
 Courts of Appeal after five years of service. 
 
 14. All military officers of the land and naval forces- 
 with title of general. Major-generals and rear-admirals 
 after five years of active service in this capacity. 
 
 15. The Councillors of State after five years of service. 
 
 16. The members of the Councils of Division* after 
 three elections to their presidency. 
 
 \These are Courts of Review and Appeal in second instance with appellate juris- 
 diction in civil and criminal cases for appeals in error, in form, or in fact. There 
 are at present five of these courts in Italy, and parliamentary efforts to unite- 
 them in one have thus far been unsuccessful. The court at Rome has some- 
 what more extensive powers than either of the other four. (Florence, Naples, 
 Palermo and Turin.) Each court has a first president and one or more presidents- 
 of sections, and eight to sixteen councillors. Seven members constitute a quorum. 
 
 2This corresponds to the French ^^ cours des comptes** with jurisdiction over mat- 
 ters concerning the public revenue. It is, in reality, a Court of Audit; the accounts, 
 of fiscal agents being submitted to it for approval. 
 
 3 The Courts of Appeal in first instance with the same form of organization as, 
 the Courts of Cassation. They number at present twenty. 
 
 ^ At the time of the adoption of this Constitution the "Division" in Piedmont 
 corresponded to the " Province " in modern Italy. The "Councils of Division" 
 are therefore the elective representative bodies of the Provinces, now known aa 
 the Provincial Councils. There are at present 69 provinces. See law of Feb. 10, 
 1889. 
 
 [282] 
 
The Constitution of Italy. 33 
 
 17. The Provincial Governors {Intendenti generalif 
 after seven years of service. 
 
 18. Members of the Royal Academy of Science of 
 seven years standing. 
 
 19. Ordinary members of the Superior Council of 
 Public Instruction after seven years of service. 
 
 20. Those who by their services or eminent merit 
 have done honor to their country. 
 
 21. Persons who, for at least three years, have paid 
 direct property or occupation taxes to the amount of 
 3000 lire. 
 
 Art. 34. The Princes of the Royal Family shall be 
 members of the Senate. They shall take rank imme- 
 diately after the President. They shall enter the Senate 
 at the age of twenty-one and have a vote at twenty-five. 
 
 Art. 35. The President and Vice-Presidents of the 
 Senate shall be appointed by the King, but the Senate 
 chooses from among its own members its secretaries. 
 
 Art. 36. The Senate may be constituted a High 
 Court of Justice by decree of the King for judging 
 crimes of high treason and attempts upon the safety of 
 the State, also for trying Ministers placed in accusation 
 by the Chamber of Deputies.^ When acting in this 
 capacity, the Senate is not a political body. It shall not 
 then occupy itself with any other judicial matters than 
 those for which it was convened; any other action is 
 null and void. 
 
 Art. '^'j. No Senator shall be arrested except by virtue 
 of an order of the Senate, unless in cases of flagrant 
 
 1 Intendenti generali were the heads of the divisions. They corresponded to the 
 actual Pre/etti, the political and administrative heads of the Provinces, appointed 
 by the Government. 
 
 2 The judicial regulations of the Senate when constituted a High Court of Justice 
 bear date May 7, 1870. (For text see collection of laws referred to in note i. p. 25.) 
 
 [283] 
 
34 Annans of ths American Academy. 
 
 commission of crime. The Senate shall be the sole 
 judge of the imputed misdemeanors of its members.^ 
 
 Art. 38. Legal documents as to births, marriages and 
 deaths in the Royal Family shall be presented to the Sen- 
 ate and deposited by that body among its archives. 
 
 OF THE CHAMBER OE DEPUTIES. 
 
 Art. 39. The elective Chamber is composed of depu- 
 ties chosen by the electoral colleges as provided by law.^ 
 
 Art. 40. No person shall be a member of the Chamber 
 who is not a subject of the King, thirty years of age, 
 possessing all civil and political rights and the other 
 qualifications required by law. 
 
 Art. 41. Deputies shall represent the nation at large 
 and not the several Provinces from which they are 
 chosen. No binding instructions may therefore be given 
 by the electors. 
 
 Art. 43. Deputies shall be elected for a term of five 
 years; their power ceases ipso jure at the expiration of 
 this period. 
 
 iln judging misdemeanors of a criminal nature, the Senate is constituted a 
 High Court of Justice. 
 
 2 The election law long in force was that of December 17, 1S60, which was subse- 
 quently modified in July, 1875, and in May, 1877. In January, 1882, a comprehen- 
 sive electoral reform was inaugurated by which the electoral age qualification was 
 reduced from twenty-five to twenty-one years, and the tax qualification to an 
 annual payment of nineteen lire eighty centesimi as a minimum of direct taxes. 
 This law introduced a new provision requiring of electors a knowledge of reading 
 and writing. It is an elaborate law of 107 articles (see reference in note i on 
 page 25 for text). The provisions relating to the elections by general ticket 
 were further revised by law of May and decree of June, 1S82, and the text of the 
 whole law was co-ordinated with the preceding laws by Royal Decree of September 
 24, 1S82. It was again modified May 5th, 1891, by the abolition of elections 
 on general tickets and the creation of a Commission for the territorial 
 division of the country into electoral colleges. The number of electoral colleges 
 IS at present fixed at 508, each electing one Deputy. Twelve artides of this law 
 of 1882, as thus amended, have been again amended by a law dated June 28, 1S92, 
 -prescribing further reforms in the control and supervision of elections, and by law 
 ■of July II, 1894, on the revision of electoral and registration lists. 
 
 [284] 
 
Thb Constitution of Italy. 35 
 
 Art. 43. The President, Vice-presidents and Secre- 
 taries of the Chamber of Deputies shall be chosen from 
 among its own members at the beginning of each session 
 for the entire session. 
 
 Art. 44. If a Deputy ceases for any reason whatsoever 
 to perform his duties, the electoral college that chose 
 him shall be convened at once to proceed with a new 
 election. 
 
 Art. 45. Deputies shall be privileged from arrest 
 during the sessions, except in cases of flagrant commis- 
 sion of crime; but no Deputy may be brought to trial in 
 criminal matters without the previous consent of the 
 Chamber. 
 
 Art. 46. No warrant of arrest for debts* may be 
 executed against a Deputy during the sessions of the 
 Chamber, nor within a period of three weeks preceding 
 or following the same. 
 
 Art. 47. The Chamber of Deputies shall have power 
 to impeach Ministers of the Crown and to bring them to 
 trial before the High Court of Justice. 
 
 PROVISIONS RELATING TO BOTH HOUSES. 
 
 Art. 48. The sessions of the Senate and Chamber of 
 Deputies shall begin and end at the same time, and 
 every meeting of one Chamber, at a time when the other 
 is not in session is illegal and its acts wholly null and 
 void. 
 
 Art. 49. Senators and Deputies before entering upon 
 the duties of their office shall take an oath of fidelity to 
 the King and swear to observe faithfully the Constitution 
 and laws of the State and to perform their duties with 
 
 1 This article has been practically abolished by the Mancini law of December 6, 
 1877, doing away with personal arrest for debts. 
 
 [285] 
 
36 AnnaIvS op the American Academy. 
 
 the joint welfare of King and country as the sole end 
 in view.^ 
 
 Art. 50. The office of Senator or Deputy does not 
 entitle to any compensation or remuneration.^ 
 
 Art. 51. Senators and Deputies shall not be held re- 
 sponsible in any other place for opinions expressed or 
 votes given in the Chambers. 
 
 Art. 52. The sessions of the Chambers shall be pub- 
 lic. Upon the written request of ten members secret 
 sessions may be held. 
 
 Art. 53. No session or vote of either Chamber shall 
 be legal or valid unless an absolute majority of its 
 members is present.^ 
 
 Art. 54. The action of either Chamber on any ques- 
 tion shall be determined by a majority of the votes cast. 
 
 Art. 55. All bills shall be submitted to committees 
 elected by each House for preliminary examination. Any 
 proposition discussed and approved by one Chamber shall, 
 be transmitted to the other for its consideration and 
 approval; after passing both Chambers it shall be pre- 
 sented to the King for his sanction. Bills shall be dis- 
 cussed article by article.* 
 
 Art. 56. Any bill rejected by one of the three legis- 
 lative powers cannot again be introduced during the 
 same session. 
 
 Art. 57. Every person who shall have attained his 
 
 1 According to the law of December 30, 1882, a Deputy loses all claim to his seat if 
 he does not take the prescribed oath within two months after election. 
 
 " A law to salary the Deputies was introduced in 1882 by Francisco Crispi, when 
 Deputy, but was rejected by the Chamber of Deputies. 
 
 8 This article is not observed in actual parliamentary practice. 
 
 * This provision has necessarily been somewhat modified by the exigencies of 
 business before the Chambers. Articles are therefore grouped as far as possible 
 for purposes of debate, but always voted upon separately. 
 
 [286] 
 
The Constitution of Italy. 37 
 
 majority has the right to send petitions to the Chambers, 
 ■which in turn must order them to be examined by a 
 committee; on report of the committee each House shall 
 decide whether they are to be taken into consideration, 
 and if voted in the affirmative, they shall be referred to 
 the competent Minister or shall be deposited with a 
 Government Department for proper action. 
 
 Art. 58. No petition may be presented in person to 
 either Chamber. No persons except the constituted 
 authorities shall have the right to submit petitions in 
 their collective capacity. 
 
 Art. 59. The Chambers shall not receive any depu- 
 tation, nor give hearing to other than their own members 
 and the Ministers and Commissioners of the Govern- 
 ment. 
 
 Art. 60. Each Chamber shall be sole judge of the 
 qualifications and elections of its own members. 
 
 Art. 61. The Senate as well as the Chamber of Depu- 
 ties shall make its own rules and regulations respecting 
 its methods of procedure in the performance of its 
 respective duties.^ 
 
 Art. 62. Italian shall be the official language of the 
 ■Chambers. The use of French shall, however, be per- 
 mitted to those members coming from French-speaking 
 districts and to other members in replying to the same.^ 
 
 Art. 63. Votes shall be taken by rising, by division, 
 and by secret ballot. The latter method, however, shall 
 always be employed for the final vote on a law and in 
 all cases of a personal nature. 
 
 > The manual of rules now in use in the Senate and Chamber of Deputies were 
 adopted in 1876 and 1868 respectively, but both have been subjected to some revis- 
 ion. The text is to be found in collection already referred to, note i, page 25. 
 
 ' Second clause, now of no efifect, applied to Savoy and Nice, now part of France, 
 ty terms of treaty of March 24, 1S60. 
 
 [287] 
 
38 Annaw of the American Academy. 
 
 Art. 64. No one shall hold the office of Senator and 
 Deputy at the same time. 
 
 OP THE MINISTERS. 
 
 Art. 65. The King appoints and dismisses his minis- 
 isters.^ 
 
 Art. 66. The Ministers shall have no vote in either 
 Chamber unless they are members thereof. They shall 
 have entrance to both Chambers and must be heard upon 
 request. 
 
 Art. 67. The Ministers shall be responsible.^ Laws 
 and decrees of the government shall not take effect until 
 they shall have received the signature of a Minister. 
 
 OE THE judiciary. 
 
 Art. 68. Justice emanates from the King and shall be 
 administered in his name by the judges he appoints. 
 
 Art. 69. Judges appointed by the King, except Can- 
 tonal or District judges {di mandamento), shall not be 
 removed after three years of service.^ 
 
 ^ A Royal Decree dated August 25, 1876, contains the rules for the proceedings 
 in Cabinet Council {Consiglio dei Minisieri) . The Act of February 12,1888, concern- 
 ing the Council of Ministers, provides that their number and functions shall be 
 determined by Royal Decree. This is in accordance with the settled principle of 
 Italian public law by which the King may modify the internal organization of the 
 executive department of the government by royal decree. 
 
 2 The responsibility of ministers has not as yet been defined by law ; the Man- 
 dni ministry in 1878 appointed a commission to prepare such a law, but its labors 
 came to naught. 
 
 ^ After some attempts to do away with this guarantee, a law, passed December 
 6, 1865, gave the government the right to remove judges, provided the latter were 
 guaranteed the same grade and salary. This prerogative of the government 
 was later weakened by a decree of January 4, 1880, which instituted a Commis- 
 sion of the Ministry of Justice, composed of four Councillors of the Courts of Cas- 
 sation and one member of the bar at the same courts, charged with the duty of 
 giving advice upon the removal of judges. Judges di mandamento are known as 
 preiore and have jurisdiction over political divisions comprising several com- 
 munes. There are 1535 such divisions or Mandamenti. 
 
 [288] 
 
The Constitution of Italy. 39 
 
 Art. 70. Courts, tribunals and judges are retained as 
 at present existing. No modification shall be introduced 
 except by law.^ 
 
 Art. 71. No one sball be taken from his ordinary 
 legal jurisdiction. It is therefore not lawful to create 
 extraordinary tribunals or commissions.* 
 
 Art. 72. The proceedings of tribunals in civil cases 
 and the hearings in criminal cases shall be public as 
 provided by law. 
 
 Art. 73. The interpretation of the laws, in the form 
 obligatory upon all citizens, belongs exclusively to the 
 legislative power. 
 
 GENERAI, PROVISIONS. 
 
 Art. 74. Communal and provincial institutions and 
 the boundaries of the communes and provinces shall be 
 regulated by law.^ 
 
 Art. 75. The military conscriptions shall be regu- 
 lated by law.'' 
 
 Art. 76. A communal militia shall be established on 
 a basis fixed by law.° 
 
 1 See law of December 6, 1865, for organization of the Judiciary, and the organic 
 law for the Court of Assizes and for jury trials, dated June 8, 1874. 
 
 !The code of penal procedure, however, in Article 766 seems to run directly 
 counter to this clause by the provision that in case of reasonable suspicion, or on 
 the grounds of public safety, the accused may be removed for trial from the regu- 
 larly constituted jurisdiction. 
 
 8 I^aw of March 20, 1865, A new law was discussed by the Chamber of Deputies 
 May, 18S0, but the favorable report of the committee was rejected by the Chamber 
 in December, 1881. On the tenth of February, 1889, a new law was passed, since 
 modified by the Acts of July 5, 1889, and that of 1894. 
 
 * I^w of June 7, 1875, ^s modified by military legislation in 1882. 
 
 s The first law on this subject was dated March 4, 1848; this was followed by law 
 of February 27, 1859, regulating the election of officers, the division into corps. 
 Another law dated August 4, 1861, applies to the militia. The national guard as 
 such became extinct after the military law of June 14, 1874. 
 
 [289] 
 
40 Annai,s of the American Academy. 
 
 Art. ']•]. The State retains its flag, and the blue cock- 
 ade is the only national one.' 
 
 Art. 78. The knightly orders now in existence shall be 
 maintained with their endowments, which shall not be 
 used for other purposes than those specified in the acts 
 by which they were established. The King may create 
 other orders and prescribe their constitutions. 
 
 Art. 79. Titles of the nobility are guaranteed to 
 those who have a right to them. The King may confer 
 new titles. 
 
 Art. 80. No one may receive orders, titles or pen- 
 sions from a foreign power without the King's consent. 
 
 Art. 81. All laws contrary to the provisions of the 
 present constitution are hereby abrogated. 
 
 Given at Turin on the fourth day of March, in the 
 year of Our Lord, one thousand eight hundred and forty 
 eight, and of Our Reign the eighteenth. 
 
 TRANSITORY PROVISIONS. 
 
 Art. 83. This statute shall go into effect on the day 
 of the first meeting of the Chambers, which shall take 
 place immediately after the elections. Until that time 
 urgent public service shall be provided for by royal 
 ordinances according to the mode and form now in vogue, 
 excepting, however, the ratifications and registrations in 
 the courts which are from now on abolished. 
 
 Art. 83. In the execution of this statute the King 
 reserves to himself the right to make the laws for the 
 
 ' A few days after the promulgation of this Constitution, King Charles Albert 
 issued a proclamation (March 25, 1S48), to the inhabitants of lyombardy and the 
 Province of Venice saying that he had adopted the three Italian colors, green, 
 white and red. Two subsequent decrees, dated April 11 and 28, 1848, gave the 
 ■' new colors " to the marine and to the communal militia, and these acts of exec- 
 utive power have been held to be legal because the Constitution was not yet in 
 force according to the terms of Article 82. 
 
 [290] 
 
The Constitution of Itai,y. 41 
 
 press, elections, communal militia and organization of 
 the Council of State. Until the publication of the laws 
 for the press, the regulations now in force on this subject 
 remain valid. 
 
 Art. 84. The Ministers are entrusted with, and are 
 responsible for the execution and full observance of 
 these transitory provisions. 
 
 Charles Albert. 
 
 The Minister and First Secretary of State for Internal 
 
 Affairs, BoRELLi. 
 The First Secretary of State for Ecclesiastical Aflfairs 
 
 and for Pardon and Justice, Director of the Great 
 
 Chancery, AvET. 
 The First Secretary of State for Finance, Di REVEL. 
 First Secretary of State for Public Works, Agriculture, 
 
 and Commerce, Des Ambrois. 
 First Secretary of State for Foreign Affairs, E. Di San 
 
 Marzano. 
 First Secretary of State for War and Navy, Broglia. 
 First Secretary of State for Public Instruction, C. 
 
 Alfieri. 
 
 [291] 
 
BIBLIOGRAPHICAL NOTE. 
 
 For the text of the Italian Constitution, with many 
 of the laws of a supplementary nature and some com- 
 mentary from a legal point of view, see: — 
 
 Codice Politico Amministrativo. Raccolta completa 
 di tutte le leggi e regolamenti concernenti la pubblica am- 
 ministrazione nei suoi rapporti politici e amministrativi. 
 Con commenti copiosi ed esteri, rafFronti, giurisprudenza 
 completa, note esplicative per cura dell'Annuario Critico 
 di Giurisprudenza Practica dell'Avv. Prof. PiETRO 
 CoGLio con la speciale coUaborazione dell'Avv. Er- 
 MiNio Malchiodi. Firenze, G. Barbera, Editore. 1892. 
 Pp. 1 1 23. Prezzo, Ivire 5. 
 
 Statuto fondamentale del Regno d'^ Italia. Milano, 
 Tipografia lyuigi di Giacomo Pirola. Text only, pam- 
 phlet pp. 16. 
 
 Costituzioni Italiane. Raccolta di tutte le costituzioni 
 antiche e moderne. Torino, 1853, 3 vols. 
 
 Statuto fondamentale del Regno d'' Italia. Bologna, 
 1881. Text only. 
 
 Codice politico-amministrativo del Regno d'' Italia ovvero 
 collezione metodica delle leggi e dei decreti d'interesse 
 generale e permanente dal 1861 in poi. Roma, 1879. 
 I vol. Leggi constituzionale e amministrazione ge- 
 nerale. 
 
 Le leggi di unHicazione amministrativa precedute 
 dalla legge fondamentale del regno. V. GiOiA, Palermo, 
 1877, 2 vols. 
 
 [292] 
 
BiBWOGRAPHicAi Note. 43 
 
 Les constitutions de tous les pays civilish. Recueil- 
 lies, mises en ordre et annotees par. Mme. la Princesse de 
 Lesignano. Bruxelles, 1880, pp. 604. 
 
 Les Constitutions Modernes. Recueil des constitu- 
 tions actuellement en vigeur dans les divers fitats 
 d'Europe, d'Am^rique et du monde civilisd. Traduites 
 sur les texts et accompagn6es de notices historiques et 
 de notes explicatives. Par F. R. Dareste, avec la colla- 
 boration de P. Dareste, Paris, 1883, 2 vols., pp. 573 
 678. 
 
 For commentaries and discussions of the principles of 
 the Italian Constitution, see: 
 
 DemombynES, Constitutions EuropSen7tes. Resumfe de 
 la legislation concernant les parliaments, les conseils 
 provinciaux et communaux et I'organisation judiciare 
 dans les divers Etats de I'Europe avec une notice sur le 
 Congr^s des Etas-Unis d'Am^rique. Paris, 1881, 2 
 vols. 1893. There is a second edition enlarged of Vol. I. 
 
 Marquardsen, Handbuch des Offentlichen Rechts der 
 Gegenwart. Abtheilung fiir Italien. Das Staatsrecht 
 des Konigreiches Italien von Herm Prof. Brusa, 1888, 
 Freiburg. 
 
 ViSMARA, Statuto fondamentale commentato. Milano, 
 1875, Theoretical Commentary. 
 
 FlORENTiNl, Lo Statuto spiegato al popolo. Roma, 
 1879. 
 
 BrunialTI, La costituzione Italiana Torino, 1881. 
 
 Lo Statuto fondamentale del Regno d^ Italia annotato. 
 Cesena, 1881-82. 
 
 Casanova, Del diritto costituzionale . 2 vols., third 
 edition. Firenze, 1875. 
 
 GareLLI, Lezioni di diritto costituzionale ItaUano. 
 Vol. I, third edition. Torino, 1876. 
 
 [293] 
 
44 Annals of the American Academy. 
 
 L. Palma, Corso di diritto costitusionale. 3 vols., 
 Firenze, 1877-81. 
 
 BoRGEAUD, Etablissement et Revision des Constitutions 
 en Am^rique et eft Europe^ Paris, 1893. 
 
 UrTOLLER, Lo Statute fondamentale del Regno 
 d Italia. First Part " Of the State and the Monarchy." 
 Cesena, 1881. pp. 208. 
 
THE AMERICAN ACADEMY OF POWTICAL AND 
 SOCIAI, SCIENCE. 
 
 The American Academy of Political and Social Science 
 was formed in Philadelphia, December 14, 1889, for the 
 purpose of promoting the Political an^ Social Sciences, 
 
 While it does not exclude any portion of the field indi- 
 cated in its title, yet its chief object is the development of 
 those aspects of the Political and Social Sciences which 
 ^y« either entirely omitted from the programmes of other 
 ^ocieties, or which do not at present receive the attention 
 they deserve. 
 
 ^ Among such subjects may be mentioned: Sociology, 
 Comparative Constitutional and Administrative I^aw, Phi- 
 losophy of the State, and such portions of the field of Poli- 
 tics, including Finance and Banking, as are not adequately 
 cultivated by existing organizations. 
 
 A special effort will be made to collect and publish mate- 
 rial which will be of use to students, and which does not 
 now reach the public in any systematic way, as, for ex- 
 ample, the texts in English of the Constitutions of leading 
 foreign countries; regular accounts of current instruction 
 in Political and Social topics at home and abroad ; descrip- 
 tive bibliographies ; discussions of Municipal Government, etc 
 
 It will be seen that the Academy thus supplements the 
 efforts of existing societies of similar aims, and sub- 
 stantially strengthens their work by contributing its share 
 to beget a deeper and more widespread interest in the gene* 
 ral subject of Political and Social Science. 
 
 The plan of the Academy includes regular scientific meet' 
 ings for the presentation of papers and communications, 
 establishment of a library, and the dissemination of knowl- 
 edge on Political and Social topics through its publications 
 and by such other means as may seem suitable, 
 
 iDuring the winter, regular monthly meetings have been 
 held since the Academy was formed at which the papers 
 submitted have been read and discussed 
 
To carry on the work of the Academy satisfactorily, large 
 funds are necessary. The income of the Academy at present 
 is derived from the Annual Membership Fee, which is $5.00 ; 
 the Life Membership Fee, which is $100 ; and from the contri- 
 butions of those who may be willing to assist in its work. It 
 is desired to secure the establishment of prizes and fellowships. 
 
 Anyone may become a member on being approved ,by 
 the Council and paying the Annual or Life Membership Fee. 
 Members are entitled to receive the regular publications of 
 the Academy, submit papers and communications, and to 
 attend and take part in all scientific meetings. Life mem- 
 bers are exempt from all annual fees. 
 
 The list of members now includes the names of nearly all 
 the prominent thinkers and writers on Political, Fconomic 
 and Social topics in the United States and Canada, and many 
 in Europe. 
 
 The co-operation of all persons interested in the scientific in- 
 vestigation of Political and Social affairs is earnestly solicited. 
 
 The proceedings of the Academy are published in the 
 form of a periodical called the Annai^ op thr American 
 Academy of Pouticai, and Sociai, Science, which, 
 together with such other matter as may be published for 
 that purpose, is sent to all members of the Academy free 
 of charge. A copy of the current number of the Annam 
 will be sent to anyone for examination. 
 
 Papers , and communications which, the writers wish to 
 submit to the Academy with a view to their being read in a 
 Scientific Session and subsequently published in the Proceed- 
 ings, as well as applications for membership, should be sent 
 to the following address : 
 
 American Academy of Political and Social Science, 
 
 STATION B, PHILADELPHIA, PA. 
 
 N. B. — Fees and contributions may be remitted by postal 
 order on Philadelphia, or by draft on New York, drawn to 
 the order of the Treasurer, Mr. Stuart Wood, 400 Chestnut 
 Street, Philadelphia. 
 
Cornell University Library 
 JN5451 .A53 1894 
 
 Constitution of the kingdom of Italy. 
 
 olln 
 
 3 1924 030 513 497