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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]
Italian Court system. The Italian judiciary comprises courts that adjudicate disputes and intervenes ex officio where the law so requires, thereby interpreting, defending and applying the law in the Italian Republic, as well as public prosecutor offices who have a legal monopoly over the initiation of criminal proceedings and standing in ...
"Italy is a democratic Republic founded on labour. Sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the constitution." By stating that Italy is a democratic republic, the article solemnly declares the results of the institutional referendum which took place on
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 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]
World map by Canuckguy and others; UNESCO World Heritage map by NNW; The data sources are: University of Ottawa: JuriGlobe – World Legal Systems Research Group; Wikipedia: List of national legal systems; European legal systems map by Ain92 and others (which seems to be based on this map by C.Löser and others) World legal systems map by ...
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 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.