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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]
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).
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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 Constituent Assembly must pass laws on the election of the Senate of the Republic, special regional statues, and the law governing the press, before 31 January 1948. Until the day of the election of the new Parliament , the Constituent Assembly can be convened to decide on matters attributed by law to its jurisdiction.
The Civil Code and the Penal Code are central to statutory law in Italy. The Civil Code, significantly revised from its original 1865 enactment to the version introduced in 1942, addresses private law matters such as contracts, property, corporations and companies, labour, family relations, and inheritance.
The Statute was proclaimed only because of concern at the revolutionary insurrection agitating Italy in 1848. At the time, Charles Albert was only following the example of other Italian rulers, but his Statute was the only constitution to survive the repression that followed the First War of Independence (1848–49).
The CRPD was ratified in Italy by Law 18/2009. Italy agreed to ensure the equal inclusion of people with disabilities in political, economic, social, educational, and cultural contexts by eliminating institutional and environmental barriers and mainstreaming their rights in all legal fields. [4]