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The law of Italy is the system of law across the Italian Republic. The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source (hierarchy of sources). [1] The Constitution of 1948 is the main source. [2]
The Italian legal system operates within the civil law tradition with a foundation in Roman law principles. This system emphasises codified statutes and legal codes as primary sources of legal authority, contrasting with common law systems where judicial precedents are more influential.
A constitutional law, in the Italian legal system, is an Act of Parliament that has the same strength as the Constitution of Italy.This means that in case of conflicts between the Constitution and a constitutional law, the latter normally prevails, according to the legal principle that "a later law repeals an earlier law" (lex posterior derogat priori).
The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system.
The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) was ratified on 22 December 1947 by the Constituent Assembly, with 453 votes in favour and 62 against, before coming into force on 1 January 1948, one century after the previous Constitution of the Kingdom of Italy had been enacted. [1]
There used to be only five codes of Italian law: the civil code, the code of civil procedure, the penal code, the code of criminal procedure, and the navigation code. [1] Starting from the eighties, more specific subjects were needed and specific codes were created to better codify the law.
The Italian public administration (in acronym IPA, ... It is a principle inherent in the legal system and made explicit by community jurisprudence, ...
The Italian Supreme Court of Cassation is the highest court of Italy. Appeals to the Court of Cassation generally come from the Appellate Court, the second instance courts, but defendants or prosecutors may also appeal directly from trial courts, first instance courts. The Supreme Court can reject, or confirm, a sentence from a lower court.