Diapositiva 1

1
Costitution of Italy
1st step Monarchy was abolished and the
Constituent Assembly was elected by universal
suffrage on 2 June 1946 (men and women could vote
for the first time) 2nd step The Italian
Constitution was enacted by the Constituent
Assembly on 22 December 1947 3rd step The
Constitution came into force on 1 January 1948,
one century after the Statuto Albertino was
enacted 4th step The Constitution forbade the
male descendants of the royal family from
entering the territory of the Republic (repealed
in 2002)
2
The Constitutional compromise

• The constitutional compromise
• The three tendencies
• solidaristic christian democratic
• liberal
• left-wing
• They enlivened debate in the Assembly and wanted
  to insert something reflecting their values in
  the Constitution
• EXAMPLES
• 1) marriage and the family solidaristic
  Christian democratic
• 2) workers' rights communism and
  socialism

• They reached an agreement on one point
• NO DICTATOR SHOULD HAVE TYRANNIZED ON THE COUNTRY

3
The Constitutions structure

• The Constitution is composed of 139 articles and
  arranged into three main parts
• 1st Fundamental Principles (articles 112)
• 2nd Rights and Duties of Citizens (articles
  1354)
• 3rd Organisation of the Republic (articles
  55139),followed by 18 Transitory and Final
  Provisions
• Power is divided among
• the executive
• the legislative
• judicial branches

The Constitution establishes the balancing and
interaction of these branches
4
Revisions to the 1948 Costitution
Parliamentary Commissions have been convened to
review the 1948 text particulaly Part II. In
each instance the necessary political consensus
for change was lacking. Three Parliamentary
Commissions have been convened in 19831985
19921994 19971998
5
Amendments The text of the Constitution has
been amended 14 times Article 48
Article 51 Article 56, 57
60 Article 68 Article 79
Article
88 Article 96
Article 114 to 132 Article 134 135
Article 10 and 26
6
IMPORTANT AMENDMENTS parliamentary
representation of Italians living abroad the
devolution of powers to the Regions the direct
election of Regional Presidents, and guarantees
of fair trials in courts the limitation of the
civil rights of the male descendants of the House
of Savoy participation in politics no death
penalty was ever sentenced and the capital
punishment was canceled from military laws
7
Article 48 (postal voting) The law defines
the conditions under which the citizens living
abroad can exercise their electoral right. A
constituency of Italians abroad is
established for election of the Houses of
Parliament the number of seats of such
constituency is set forth in a constitutional
provision and in accordance with criteria
established by law.
8
Article 51 (women's participation) Citizens of
one or the other sex are eligible for public
offices and for elective positions under equal
conditions, according to the rules established by
law. To this end, the Republic adopts specific
measures in order to promote equal chances for
men and women.
9

• Article 56, 57 60
• The Chamber of Deputies is elected by direct and
  universal suffrage.
• The number of Deputies is six hundred and thirty,
  twelve of which are elected in the Overseas
  Constituency.
• The Senate of the Republic is elected on a
  regional basis.
• The number of Senators to be elected is three
  hundred and fifteen, six of which are elected in
  the Overseas Constituency.
• The Chamber of Deputies and the Senate of the
  Republic are elected for five years.
• The term for each House cannot be extended,
  except by law and only in the case of war.

10

• Article 68 (indemnity and immunity of members of
  Parliament)
• Members of Parliament cannot be held accountable
  for the opinions expressed or votes cast in the
  performance of their function.
• Without the authorisation of their respective
  House, Members of Parliament may not be submitted
  to personal or home search, nor may they be
  arrested or otherwise deprived of their personal
  freedom.
• The same authorisation is required for Members of
  Parliament to be submitted to the surveillance of
  their conversations or communication, in any
  form, and to the seizure of their correspondence.

11
Article 79 (amnesties and pardons) The law
granting an amnesty or pardon establishes the
deadline for its implementation. Amnesty and
pardon cannot in any case apply to offences
committed following the introduction ofthe bill
in Parliament.
12
Article 88 (dissolution of the Houses of
Parliament) The President of the Republic,
having heard the Presidentsof the Houses, may
dissolve Parliament or even only one House.
The President of the Republic cannot exercise
said right during the last six months of the
presidential mandate, unless said period
coincides in full or in part withthe last six
months of Parliament.
13
Article 96 (impeachment) The President of the
Council of Ministers and the Ministers, even if
they resign from office, are subject to normal
justice for crimes committed in the exercise of
their duties, provided authorisation is given by
the Senate of the Republic or the Chamber of
Deputies, in accordance with the norms
established by Constitutional Law.
14
Article 114 to 132 (Regions, Provinces and
Municipalities in its entirety) The Republic is
composed of the Municipalities, the Provinces,
the Metropolitan Cities, the Regions and the
State. Municipalities, provinces, metropolitan
cities and regions are autonomous entities having
their own statutes, powers and functions in
accordance with the principles laid down in the
Constitution.
15

• Article 134 135 (composition and length of term
  of the Constitutional Court)
• The Constitutional Court shall pass judgement on
• controversies on the constitutional legitimacy of
  laws and enactments having the force of law
  issued by the State and the Regions
• conflicts arising from allocation of powers of
  the State andthose powers allocated to State and
  Regions, and between Regions
• accusations made against the President of the
  Republicand the Ministers, according to the
  provisions of the Constitution

16
Article 10 and 26 Articles were integrated
by a constitutional provision which established
that their last paragraphs which forbid the
extradition of a foreigner for political offences
do not apply in case of crimes of genocide.
17
Fundamental rights and their protection
18

• Every citizen is able to do what he wants (he
  has always to respect laws)
• Everybody is free in his space and the
  authority has to abstain

19

• UK has not a catalogue of rights you can bring
  them from cases about rights and individual
  freedom
• Rule of law
• Habeas corpus

20
Rights and documents

• Right of the individuals freedom
• Right of property
• Freedom of expression
• Freedom of meeting
• Freedom of association

Magna Charta Libertatum Bill of Rights 1689
Protection of the fundamental rights
21
Freedom of demonstration

• Censorship is banned
• News are limited
• Secret state
• Obscene acts
• Racial hate
• Information has a tradition of
• Freedom
• Indipendence from politics

1. Quality and impartiality of TV
2. Capacity of survey of the press

Control of power
22
Negative aspects of UK system

• Legislative power has no limit
• No law is superior and can protect the
  individual from parliament

Great Britain wants to introduce a new Bill of
Rights
23
European Conventions on Human Rights of 1950/51
UK Common Law

1. Abolition of corporal penalty at school
2. Interpretation of UK Common Law on the negative
   aspects of UK System

24
Human Rights Act 1998

• It is the official union between UK Common Law
  and European Conventions
• Protection on Human Rights in UK
• Prohibition to act against European Convention
  (Incompatibility of the Common Law)
• Citizen have a right to a compensation when there
  are Incompatibility cases

Constitutional validity
Application
25
Application of Human Rights Act 1998

• Human Rights on the foreign people after 11
  September 2001 of Anti Terrorism Act (2000)

Detention of inmate for indeterminate time
26
Constitutional Reform Act 2005

• Institution of High Court on the debate of
  Incompatibility
• Power of Judge to save the Constitutional
  Validity

The importance of UK Parliament as representation
of England Freedom do not let up
27
Common Law
28
What is it?

• It refers to law and to the legal system
  developed through decisions of courts and similar
  tribunals (case law).
• It is law created and refined by judges

29
Where is it used now a day?

• England
• Wales
• Ireland
• Federal law in USA and in Canada
• Australia and New Zealand
• India
• Africa

And every country which has been colonised by
Great Britain
30
Primary Connotations

1. Common Law as opposed to statutory law and
   regulatory law
2. Common law legal systems as opposed to civil law
   legal systems
3. Law as opposed to equity

31
Common law as opposed to statutory law and
regulatory law

• Common law Decisions issued by courts
• Statutory law enacted by a legislature
• Regulatory law promulgated by executive branch
  agencies pursuant to a delegation of rule
  making authority from legislature

32
Common law legal systems as opposed to civil law
legal systems

• Common law systems place great weight on court
  decisions. They are considered "law with the
  same force of law as statutes.
• Civil law judicial precedent is given relatively
  less weight, and scholarly literature is given
  relatively more

33
Law as opposed to equity

• Courts of law could only award money damages and
  recognized only the legal owner of property
• Courts of equity could issue injunctive relief
  and recognized trusts of property.

34
Where was important the distinction between law
and equity?

• Categorizing and prioritizing rights to property
• The remedies available and rules of procedure to
  be applied
• The standard of review and degree of deference
  given by an appellate tribunal to the decision of
  the lower tribunal under review.

35
History of the common law

• It was the law that the whole country had in
  common
• The form of reasoning used was known as casuistry
  or case-based reasoning
• It was devised as a means of compensating someone
  for wrongful acts known as torts
• The type of procedure practiced was known as the
  adversarial system

36
Common law legal system now a day

• The main alternative to it is the civil system.
• The opposition between it and the civil system
  has become blurred, with the growing importance
  of jurisprudence civil law countries and of
  statute law and codes in common law countries.

An example of this is the United States, where
matters of criminal law, commercial law and
procedure have been codified
37
Common law and civil system Scotland

• It usess the civil law system but in fact it has
  a unique system that combines elements of an
  uncodified civil law dating back to the Corpus
  Juris Civilis with an element of common law long
  predating the Treaty of Union with England in
  1707.

38
Common law and civil system Israel

• It has a mixed system of common law and civil
  law.
• Israeli law is undergoing codification but its
  basic principles resemble those of British and
  American law

(the role of courts in creating the body of law
and the authority of thesupreme court in
overturning legislative and executive decisions)
39
Common law and civil system The USA federal
governement

• It has a variant on a common law system USA
  federal courts only act as interpreters of
  statutes and the constitution but, unlike state
  courts, do not act as an independent source of
  common law.

40
Basic principes of Common Law
41
Common law adjudication

• Several stages of analysis determinate what the
  law is in a given situation
• To aschertain the facts
• To locate any relevant statutes and cases
• To extract principles, analogies and statments
• To integrate all the lines drawn
• To determine what the law is
• To apply the law to facts

42
Evolution

• The common law courts can revise a law to adapt
  it to new trends
• The common law evolves through gradual steps and
  the evolution is in the hands of judges

43
Interaction of constitutional, statutory and
Common low

• In England, Wales and most states of the USA the
  basic law of contracts, torts and property do not
  exist in statute but only in Common law
• You have to locate precedential decisions on a
  topic to find out what the precise law is
• Some statutes displace Common law by contrast to
  statutory codification of Common law to create a
  new cause of action that did not exist in the
  Common law

44
Contrasting role of treatises and academic
writings in common law and in civil law sistem

• In common law jurisdictions, legal treatises
  compile common law decisions and state
  overarching principles that explain the result of
  the cases
• In civil law jurisdictions the writings og law
  professors are given significant weight by courts

45
Common law as a foundation for commercial
economies

• The reliance on judicial opinion is a strength of
  common law systems
• It is a significant contributor to the robust
  commercial system in the UK and USA
• In non-common-law countries and jurisdiction fine
  questions of law are redetermined anew each time
  they arise
• In jurisdiction that do not have a strong
  allegiance to a large body of precedents, parties
  have less a priori guidance and a bigger safety
  margin of unexploited opportunities

46
Forms of government

• France
• Switzerland
• The United Kingdom
• USA
• Spain
• Germany

47
France

• The French Republic is a semi-presidential
  republic
• It has a strong democracy traditions

48
Semi-presidential

• It is a system of government in which a president
  and a prime minister are both active participants
  in the administration of the state.

49
Switzerland

• It is an old federal governaments
• It is an original example of Direct democracy
• The Swiss Confederation consists of 26 cantons

50
Cantons

• A canton is a type of administrative division of
  a country
• Cantons are small in terms of area and population

51
The United Kingdom

• It is an exmple of parlamentary and democracy
• The United Kingdom is a constitutional monarchy

52
Constitutional monarchy

• A constitutional monarchy is a form of
  constitutional government, where either an
  elected or hereditary monarch is the head of
  state
• Most constitutional monarchy have a parliamentary
  system in which the monarch is the head of state,
  but an elected prime minister is head of
  government.

53
USA

• It is a constitutional republic
• It si composed by fifty states
• It is structured as a rapresentative democracy

54
Spain

• Spain is a constitutional monarchy, with a
  hereditary monarch and a bicameral parliament
• Spain is politically organized into 17 autonomous
  communities

55
Germany

• Germany is a federal, parliamentary,
  representative democratic republic
• The German political system operates under a
  framework laid out in the 1949 constitutional
  document known as the Grundgesetz (Basic Law).

56
Federal

• Federal republic is a federation of states with a
  republican form of government.
• A federation is the central government.
• The states in a federation also maintain the
  federation.

57
Parliamentary

• Parliamentary systems are characterized by no
  clear-cut separation of powers between the
  executive and legislative branches,

58
Representative Democracy

• Representative democracy is a form of government
  founded on the principle of elected individuals
  representing the people

59
Republic

• Republic is a state or country that is not led by
  a hereditary monarch
• The people have an impact on its government
• The word 'republic' is derived from the Latin res
  publica which can be translated as "public
  thing".

60
Democracy

• Democracy is a form of government in which
  state-power is held by the majority of citizens.

61
THE PARLIAMENTandTHE CROWN
62
Functions

• Approve laws
• Organize the financial means so that the
  Government could do its functions.
• Control the activity of the Government and of
  the administration
• Discuss the themes on the agenda

63
The English Parliament

• Composition
• House of Commons
• House of Lords
• Sovereign
• Site Westminster
• Meetings
• The Houses usually execute their functions
  separately
• They meet only in symbolical occasions (for
  example the opening of the parliamentary session)

64
Imperfect bicameralism

• House of Commons
• Decision body
• Between I and the Government there is a trust
  indenture
• House of Lords
• It isnt representative
• Its powers are limited
• Chamber of second-thought(It can only delay the
  approval of laws)

65
House of Lords

• Composition
• PRESIDENT Lord Chancellor (Justice Minister and
  Prime Judge of the Kingdom)
• 733 COMPONENTS
• 588 Life Lords (nominated by the sovereign)
• 25 Spiritual Lords (bishops of the Anglican
  Church)
• 92 Lords for rights of blood
• 28 Judicial Lords (Law Lords)

Constitutional Reform Act 2005 Creation of a
Supreme Court of U.K.
BUT
House of Lords Court of Law
66
House of Commons

• Elections every 5 years - universal suffrage
• Composition
• 659 members
• PRESIDENT impartial Speaker
• Parliamentary Commissions
• Standing commissions (specific competences,
  legislative function)
• Selected commissions (control the Government)

67
House of Commons

• Architectonic structure

68
The sessions

• Parliamentary life is organised into
  sessions(DURATION 1 year / about 160 meetings)
• Development
• The Government tells its political program
• Queens speech ? new bills
• Discussion
• Voting
• APPROBATION
• REFUSAL the Premier can
• resign
• dismiss the House of Commons

69
The approbation of the laws
70
Legislative Process

• Bill
• Can be proposed by every member of the Parliament
• Decay at the end of every session
• Examined by the House of Commons
• Ancient procedure 3 readings
• Take into consideration
• Debate on the general principles
• Detailed exam
• Examined by the House of Lords (similar
  procedure)

71
Control of the executive

• Interrogations the commissions interrogate the
  ministers about themes of public interest
• QUESTION TIMEthe opposition is allowed to
  discuss and criticize the Governments work
• The Prime Minister answers from the public TV
  twice a week

72
The crown

• Histoy of British constitution? affirmation of
  the monarchic form
• (Republic only from 1649 to 1660)
• Regina
• Head of State
• Symbol of national unity
• Chief of the executive and of Justice
• Important role in the legislative power
• Chief of the army
• Chief of the Anglican Church

73
Limits of the monarchic power

• Limits
• Act only on propose of the ministers
• The Queen cannot act alone
• Consent of a minister
• Effective powers
• Right of
• Being consulted
• Encourage
• Admonish
• In rare cases
• She can name the Premier
• She can dismiss the House of Commons

74
Treaty establishing a Constitution for Europe
75

• The European Constitution was an international
  treaty intended to create a constitution for the
  European Union
• It would have replaced the existing Treaties of
  the European Union with a single text
• Given limited legal force to the Charter of
  Fundamental Rights
• Expanded Qualified Majority Voting into policy
  areas

76
2004 2005 2007
It was signed in by representatives of the then
25 member states of the European Union and needed
to be ratified by all member states to enter into
force
The rejection of the Constitution by French and
Dutch
The European Council decided to start
negotiations on a Reform Treaty
The Lisbon Treaty
77
Drafting
Valéry Giscard d'Estaing proposed to draft a
"European Constitution
July 2003 The "Draft Treaty establishing a
Constitution for Europe was published
In the meanwhile
Romano Prodi backed a draft text which contained
a deeper integration of the countries
Penelope Project
June 2004
The Irish presidency the final text of the TCE
78
Signing and ratification
29 october 2004 12 Jenuary 2005 29 may
2005 10 July 2005
53 senior political figures from the 25 member
states of the European Union signed the
Constitution for Europe
The European Parliament voted a legally
non-binding resolution in support of the
Constitution
The French public rejected the Constitution by
margin of 55 to 45 on a turn out of 69 The
Dutch rejected the constitution by a margin of
61 to 39 on a turnout of 62
Luxembourg held a referendum on 10 July 2005
approving the Constitution by 57 to 43
79
Post-rejection
4 June 2007
The Amato Group proposed to rewrite the Treaty on
European Union
The new treaty would be based on the first and
fourth parts of the Constitution
June 2007

• Member States agreed to abandon the constitution
  and to amend the existing treaties
• They agreed a detailed mandate for a new
  intergovernmental conference to negotiate a new
  treaty containing

13 december 2007
The new treaty become the Lisbon Treaty on its
signing in Lisbon
80
Institutional structure

• The Council of the European Union would have
  been formally renamed the "Council of Ministers
• The "General Affairs Council" would have been
  formally split from the "Foreign Affairs Council
  which had held meetings separately since June
  2002
• The TCE included a flag, an anthem and a motto

81
Conferral, subsidiarity, proportionality

• The TCE would have reiterated several key
  principles of how the Union functions
• The principle of conferral that all EU
  competences are conferred on it voluntarily by
  member states
• The principle of subsidiarity that governmental
  decisions should be taken at the lowest level
  possible while still remaining effective
• The principle of proportionality that the EU
  may only act to exactly the extent that is needed
  to achieve its objectives
• The primacy of EU law in areas where member
  states have made legally binding agreements at EU
  level, they may not then pass national laws
  incompatible with those EU laws.

82
Primacy of Union law
The European Court of Justice has consistently
ruled since 1964 that EU law has primacy over the
laws of member states in the areas where member
states allow it to legislate. National law
is deemed to be 'disapplied' when questions arise
in courts. The case of Van Gend en Loos in
1963 which was followed in Costa v. ENEL in 1964
83

• Common values of the Union's member states
• Human dignity
• Freedom
• Democracy
• Equality
• Trule of law
• Respect for human rights
• Minority rights
• Free market

84

• Member states also declare that the following
  principles prevail in their society
• Pluralism
• Non-discrimination
• Tolerance
• Justice
• Solidarity
• Equality of the sexes
• Some of these provisions are codified for the
  first time in the TCE.

85

• Aims of the Union
• The aims of the EU, according to the TCE, are
  made explicit (Article I-3)
• Promotion of peace, its values and the
  well-being of its people
• Maintenance of freedom, security and justice
  without internal borders, and an internal market
  where competition is free and undistorted
• Sustainable development based on balanced
  economic growth and price stability, a highly
  competitive social market economy
• Social justice and protection, equality between
  women and men, solidarity between generations and
  protection of the rights of the child
• Economic, social and territorial cohesion, and
  solidarity among member states
• Respect for linguistic and cultural diversity

86

• In its relations with the wider world the Union's
  objectives are
• To uphold and promote its values and interests
• To contribute to peace, security, the
  sustainable development of the Earth
• Solidarity and mutual respect among people
• Free and fair trade
• Eradication of poverty and the protection of
  human rights, in particular the rights of the
  child
• Strict observance and development of
  international law, including respect for the
  principles of the United Nations Charter

87

• Competences
• The EU has six exclusive competences, policy
  areas in which member states have agreed that
  they should act exclusively through the EU and
  not legislate at a national level.
• Customs union
• Those competition rules that govern the internal
  market
• Eurozone monetary policy
• Conservation of marine biological resources (the
  Common Fisheries Policy)
• Common commercial policy
• The conclusion of certain limited international
  agreements

88

• Flexibility clause
• The TCE's flexibility clause allows the EU to act
  in areas not made explicit in the TCE, but only
• If all member states agree
• With the consent of the European Parliament
• Where this is necessary to achieve an agreed
  objective under the TCE
• This clause has been present in EU law since the
  original Treaty of Rome, which established the
  EEC in 1958

89
Legal personality The European Union for the
first time has legal personality under the TCE.
This means that it is able to represent
itself as a single body in certain circumstances
under international law. Most significantly,
it is able to sign treaties as a single body
where all its member states agree.
90
Criminal justice proceedings Member states
would have continued to co-operate in some areas
of criminal judicial proceedings. Under the
TCE, seven new areas of co-operation would have
been added Terrorism Trafficking in
persons Offences against children Drug
trafficking Arms trafficking Corruption
Fraud
91

• Solidarity clause
• The new solidarity clause of the TCE specifies
  that any member state which falls
• victim to a terrorist attack
• disaster
• will receive assistance from other member states
• The type of assistance is not specified
• The arrangements will be decided by the Council
  of Ministers should the situation arise.

92
Charter of Fundamental Rights of the European
Union Main article Charter of Fundamental
Rights of the European Union The TCE includes
a copy of the Charter already agreed to by all EU
member states. This is included in the
Constitution so that EU institutions themselves
are obliged to conform to the same standards of
fundamental rights
93
Simplified jargon and legal instruments The
TCE makes an effort to simplify jargon and reduce
the number of EU legal instruments The TCE
unifies legal instruments across areas of policy
'European Regulations' and 'Decisions'
both become referred to as European laws.
'European Directives' and 'Framework Decisions'
both become referred to as European framework
laws. 'Conventions' are done away with,
replaced in every case by either European laws or
European framework laws. 'Joint actions' and
'Common positions' are both replaced by Decisions.
94
Position of Union Minister for Foreign
Affairs The present role of High
Representative for the Common Foreign and
Security Policy would be amalgamated with the
role of the Commissioner for External
Relations This would create a new Union
Minister for Foreign Affairs who would also be a
Vice President of the Commission This
individual would be responsible for co-ordinating
foreign policy across the Union where member
states agree to speak with one voice.
95
Qualified majority voting More day-to-day
decisions in the Council of Ministers would be to
be taken by qualified majority voting, requiring
a 55 majority of members of the Council
representing a 65 majority of citizens. The
unanimous agreement of all member states would
only be required for decisions on more sensitive
issues, such as tax, social security, foreign
policy and defense.
96
President of the European Council The
Presidency of the European Council would switch
to a chair chosen by the heads of government, in
office for 2½ years and renewable once. The
role itself would remain administrative and
non-executive Rather than the Presidency
being held by a member state as at present It
would be held by an individual elected by and
accountable to the Council.
97
President of the Council of Ministers The
Presidency of the Council of Ministers coincides
with the Presidency of the European Council He
would be changed to an 18-month rotating
Presidency shared by a trio of member
countries The exception would be the Council's
Foreign Affairs configuration, which would be
chaired by the newly-created Union Minister for
Foreign Affairs.
98
Parliamentary power and transparency
President of the Commission Parliament as
co-legislature Meeting in public
The candidate would be proposed by the European
Council, after consultation with MEPs
The European Parliament would acquire equal
legislative power under the codecision procedure
with the Council. It had this power in most cases
but not all
The European Parliament would acquire equal
legislative power under the codecision procedure
with the Council. It had this power in most cases
but not all
Council of Ministers would be required to meet in
public when debating all new laws but only for
texts covered under the Codecision procedure
99
Budget Role of national
parliaments Popular mandate (aka
initiative)
The final say over the EU's annual budget would
be given to the European Parliament
Member states' national parliaments would be
given a new role in scrutinising proposed EU
laws, and would be entitled to object if they
feel a proposal oversteps the boundary of the
Union's agreed areas of responsibility
The Commission would be invited to consider any
proposal "on matters where citizens consider that
a legal act of the Union is required for the
purpose of implementing the Constitution" which
has the support of one million citizens
100
Treaty revisions The unanimous agreement
decided the alteration of the European Council
Proponents of the TCE claim that any amendments
to the Constitutional treaty will involve the
convening of a new Convention This process may
be bypassed if the European Parliament agrees A
small revisions can be made by the European
Council through the so-called 'Passerelle Clause'
(Article IV-444) if every member state agrees
101
Withdrawal clause A new clause in the TCE
allows for the withdrawal of any member state
without renegotiation of the TCE or violation of
treaty commitments (clause I-60). When a
country notifies the Council of its intent to
withdraw, a settlement is agreed in the Council
with the consent of Parliament. If negotiations
are not agreed within two years, the country
leaves anyway. The process described is a
formalisation of the process which Greenland used
to leave the EC in 1985.
102
HER MAJESTYS GOVERNMENT
103

• Detains
• Legislative power
• Executive power
• Members
• Prime Minister appointed by the Queen
• Other ministers suggested from the Prime Minister
  to the Queen

104
Prime Minister

• Member of The House of Commons
• Presides over the Cabinet
• Proposes to the sovereign the election of many
  offices ecclesiastical, legal, institutional
• Current Premier Gordon Brown

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Ministers

• About a hundred
• Deparmental Ministers (administration)
• Non-Deparmental Ministers (without wallet)
• Junior Ministers (undersercretaries)

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JUDICIAL POWER
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• Lord Cancellor administrates justice and
  controls legal order
• No career into magistrature
• Judges
• Only civilis and penals
• Non-removable
• Submitted only to the principle of legalty
• Chosen through a small number of advocates
• No legal responsibility

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• Tribunals courts competent to the their subject
  (social work, immigration, authorizations Army)
• Structure jurisdiction
• House of Lords
• Court of Appeal (function of appealment)
• High Court of Justice (civil) e Crown Court
  (penal)
• Magistrates Courts (penal) e County Courts
  (civil)

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DEVOLUTION
110

• From the Medieval latin devolutionem (to devolve)
• Concession of powers from a central Government in
  favoure of a regional or local Government

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Devolution in the United Kingdom

• Transfer of functions to Scotland, Wales and
  Ulster
• Administrative power to the Mayor of London
• Attempted process of creating regions

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SCOTTISH MODEL
(politic autonomy 1998)
113

• Parliament (universal suffrage)
• Monocamerale??????????
• 129 members
• The President presides over the assembly, shows
  the Queen some projects
• Primary legislative power in subjects not
  reserved to Westminster
• Laws submitted to the Judicial Committee of the
  Privy

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• Cabinet
• Administrative functions
• Elected by the Parliament
• Directed from the First Minister

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ULSTER
(self-determination right 1998)
116

• Northern Ireland Act 1998 (birth of a legislative
  power Assembly)

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WELSH AUTONOMY
118

• Government of Wales Act 1998 (creation of a
  national Assembly)
• Assembly with secondary and executive normative
  powers
• No Government
• Works of the Parliament
• Valorisation of artistic patrimony
• Economic progress

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THE ENGLISH CONSTITUTION

• United Kingdom of Great Britain (England,
  Scotland and Wales) and Northern Ireland

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THE CONSTITUTION IN HISTORY

• XIII CENTURY
• 1215 barons limit the Kings power through a
  document called Magna Charta
  set of guarantees for the individual
• Magnum Concilium is summoned and comes into being
  the Parliament Lords, shires and boroughs
  together Two Houses (House of Commons and
  House of Lords separate)

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THE CONSTITUTION IN HISTORY

• XVII CENTURY
• Conflict between monarchy and Parliament
• 1649 King Charles I execution
• 1688 Glorious Revolution (or Bloodless
  Revolution) William dOrange becomes the new
  sovereign elected by Parliament
• 1689 Bill of Rights the King has to conform to
  the laws of the Parliament without having
  permission to suspend them single individual
  and two Houses freedom
• 1701 Act of Settlement the Parliament
  establishes the rules for the succession to the
  throne England and Scotland under the same crown.

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THE CONSTITUTION IN HISTORY

• XVIII CENTURY
• the Cabinet (highest rank of the Kings advisors)
  grows in autonomy from the King and follows the
  majority of the Parliament
• principle of the common law executed by the
  Parliament through impeachment ministers are
  responsible for the Kings acts
• Prime Minister gets a main position

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THE CONSTITUTION IN HISTORY

• XIX CENTURY
• England (and imperialism) becomes a world power
  and industrial middle-classes lead society
  liberty of associationism recognition of the
  Trade Unions equality of rights for the
  Catholics
• Debate for the universal suffrage in 1832 the
  Great Reform Act limits extension of the right to
  vote great industrial cities can have
  representatives at the House of Commons
• 1867-1884 extension of the suffrage (2,5 million
  people) two main factions the Whig (liberal
  thought) and the Tory (nowadays conservatives)
• The Victorian Age parliamentary Government form
  representatives
  decide for the country and the Government is
  dependent on the Houses

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CURRENT GOVERNMENT FORM THE WESTMINSTER MODEL
OF DEMOCRACY

• 1918 universal suffrage
• Welfare States development
• Leading position of the Cabinet and the Prime
  Minister

Conservative Party (XVIII century)
PARTIES which stand out against the others
1914 leads the Government with a liberal thought
Labour Party (late XIX century)
faithful to the leader who intends to follow
the election plan
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CURRENT GOVERNMENT FORM THE WESTMINSTER MODEL
OF DEMOCRACY

• TWO HOUSES
• House of Commons election mechanism
• Plurality or First-Past-The-Post

659 constituencies for each seat to assign
One candidate for each constituency
the candidate with the highest number
of votes wins the election
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CURRENT GOVERNMENT FORM THE WESTMINSTER MODEL
OF DEMOCRACY

• Cons
• Deep difference between votes and number of
  polling stations
• Penalization of the third party, the Liberal
  democratics (Liberal Party and Social Democratic
  Party together) lots of votes but not many
  polling stations

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THE CONSTITUTION

• There is not a written constitutional text in the
  United Kingdom
• Rigid constitutional rules do not exist every
  single rule can be altered by a law approved by
  the Parliament
• There are normative and consuetudinary principles
  (which can be modified) fundamental to maintain
  the systems efficiency

Constitution institutions attribution, their
reciprocal relations and their relations with
citizens
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Constitutions principles
Sovereignty of the Parliament
(above all the institutions)
Rule of law

• equality in front of laws
• fundamental liberties guaranteed
• institutional organs must act according to laws
• citizens are required to observe laws

the UK enters the EU (1973)
Late twentieth century the
Parliament authority slowly began to decrease
European convention of human rights
large use of referendum
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RECENT CONSTITUTIONAL REFORMS
(from 1997 labors come back to
power lead by Tony Blair)

• Human Rights Act (1998) United Kingdom
  incorporates European Convention of Human Rights
  catalogue of citizens rights and liberties
• House of Lords Act (1999) hereditary seats are
  removed creation of a second elective house of
  Lords
• c.d. devolution

Scotland Act 1998 creation of the Scottish
Parliament
Government of Wales Act e Northern Ireland Act
(1998) primary and secondary normative meetings
in the Wales and Northern Ireland
Greater London Authority Act 1999 new
metropolitan district in London mayor and
assemblies are elective
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RECENT CONSTITUTIONAL REFORMS
(from 1997 labors come back to
power lead by Tony Blair)

• Additional Member System
• Large use of referendum
• Courts apply juridical rules according to the
  Convention without basing on the literal
  interpretation criterion
• Constitutional Reform Act 2005 the Lord
  Chancellor is deprived of some juridical remits
  creation of the Supreme Court of United Kingdom
  in place of the Law Lords

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LAWS

• all the constitutional rules can be adapted by
  ordinary laws
• the term law does not include written sources
  (constitutionally and parliamentary) it regards
  rules applied in courtrooms
• delegated legislation Governments normative
  work who acts on the Statutory Instrument Act
  1946 (a rule, before the execution, has to be
  presented to the Parliament who can ask for a
  negative resolution)

• English juridical system includes
• a Corpus of traditional rules
  (common law and equity law)
• European or parliamentary rules