Statuto Albertino

260px|thumb|right|Charles Albert signs the Statute, 4 March 1848.

The Statuto Albertino (English: Albertine Statute) was the constitution granted by King Charles Albert of Sardinia to the Kingdom of Sardinia on 4 March 1848 and written in Italian and French. Promulgated at the height of the Risorgimento, the process of Italian unification, the Statute was gradually extended to the other territories incorporated into the new state and was officially recognized as the fundamental law of the Kingdom of Italy upon its proclamation on 17 March 1861. Because of this, Statuto Albertino became the first Italian constitution and had a role in shaping Italy's constitutional system, exerting an influence on the 1947 Constitution of Italy, which directly succeeded it. The Statute remained in force, with changes, until 1948. Charles Albert did not want to grant a Constitutional Charter so he attempted to maintain as much power as he could even though the Statute marked the end of his absolute monarchy.

The Constitution established a uninominal-majoritarian electoral system and initially gave suffrage to wealthy males over the age of 25. In 1919, the uninominal-majoritarian system was altered into a proportional representation system.

Background

Origins of the Statute and its promulgation

thumbnail|right|Notice of the proclamation of the Albertine Statute.The Statute was proclaimed only because of concern at the revolutionary insurrection agitating Italy in 1848. Its origins, however, went back further. In the mid-1830s, in the Kingdom of Sardinia ruled by the House of Savoy, mass demonstrations by the burgher class demanding the expansion of civil rights began. At the same time, dissatisfaction was growing among the peasantry, who were exploited due to the existence of an inefficient feudal system. By the mid-19th century, more than a dozen legal acts of a constitutional nature were already in force in the Italian states, some of which had been granted by Napoleon Bonaparte.

The society of the Kingdom of Sardinia received the statute with great enthusiasm, which was confirmed by the ceremonies that took place as early as 27 February 1848, even before the promulgation of the act. It was established that the first Sunday in June would be a day commemorating the Statute – this date became a point of reference and a holiday for Italian monarchists up to the present day.

The Statute remained the basis of the legal system after Italian unification was achieved in 1860 and the Kingdom of Sardinia became the Kingdom of Italy. It also remained in force between 1922 and 1943, when the fascist government led by Benito Mussolini held power, although significant changes were introduced that distorted Italy's constitutional system. These changes allowed the Kingdom of Italy, previously a model parliamentary monarchy, to be transformed into a one-party authoritarian state, with the monarchical system reduced to a mere facade for fascist policy.

<blockquote>CARLO ALBERTO, by the grace of God, KING OF SARDINIA, OF CYPRUS, AND OF JERUSALEM Etc., Etc., Etc.

With regal loyalty and fatherly love We come today to accomplish what We had announced to Our most beloved subjects with Our proclamation of the 8th of the February last, with which We wanted to demonstrate, in the midst of the extraordinary events which surround the country, how Our confidence in them increases with the gravity of the circumstances and, heeding only of the impulses of Our heart, how determined is Our intention to adapt their destiny to the spirit of the times, for the interest and for the dignity of the Nation.

Having considered the broad and strong representative institutions contained in the present Fundamental Statute to be the most certain means of redoubling with the links of indissoluble affection that bind to Our Italian Crown a People who have given Us so many proofs of faith, of obedience and of love, We have determined to sanction it and to promulgate it, in the faith that God will bless Our intentions, and that the free, strong and happy Nation will always show itself ever more worthy of its ancient fame and will deserve a glorious future. For this reason, by Our certain Royal authority, having had the opinion of Our Concil, We have ordered and We do order with the force of Statute and fundamental Law, perpetual and irrevocable from the Monarchy, that which follows:</blockquote>

The State (Articles 1–23)

thumb|Portrait of [[Charles Albert of Sardinia]]

The Statute starts by establishing Roman Catholicism as the sole state religion while freedom of religion was granted for all existing forms of worship, in conformity with the law (Article No.1). The Kingdom of Italy was a representative monarchy, with an hereditary crown, in accordance with the Salic law, which effectively limited succession to male members of the royal family (Article No.2). Legislative power was exercised collectively by the King, the Senate and the Chamber of Deputies (Article No.3). Executive power was vested in the King alone (Article No.5), who was declared to be "sacred and inviolable" (Article No.4).

Among the powers of the King were the capacity to

declare war, as commander-in-chief of all the armed forces.
conclude treaties of peace, of alliance, of commerce and others. He was required to notify the Chambers of these treaties except in circumstances where vital state interests and national security concerns forbade it. However, treaties entailing either a financial burden or changes in the territories of the State had to be ratified by the Chambers.
appoint all state officials.
sign bills into law and promulgate them, as well as issue the decrees and regulations necessary for their execution. The Article No.7 also gave the King the ability to withhold countersignature.
propose new legislation, a power shared with the Chambers. However, taxation and appropriations bills were required to originate in the Chamber of Deputies.
annually convene the Chambers, prorogue them and dissolve the Chamber of Deputies, with the proviso that a new Chamber must be convened within four months of its dissolution.
grant clemency and commute sentences.

The King reached majority at the age of eighteen. During his minority, the prince most closely related to him in accordance with the order of succession served as regent to the throne and tutor of the King, taking this last duty from the Queen Mother after the King turned seven. If that prince was younger than 21, these duties passed to the next in line, until the King reached majority. In the absence of male relatives, the Queen Mother served as regent. If there was no Queen Mother, the ministers were required to convene the Chambers within ten days to name a regent. The same procedures applied in the event of physical incapacity of the reigning King, but if the crown prince was already of age, he automatically became regent.

The Statute established the economic benefits and privileges of the Crown and the members of the royal family, reaffirming also the King's ownership of His assets, which included royal palaces, villas and gardens, as well as all His personal properties. Of these assets the Statute mandated an inventory to be compiled and regularly updated by the responsible Minister.

During the coronation, the King was required to swear before both Chambers to act in accordance with the Statute, while the regent was required to swear loyalty to the King and the Statute.

The Rights and Duties of Citizens (Articles 24–32)

260px|thumbnail|right|Celebrations in [[Turin for the proclamation of the Albertine Statute, in 1848.]]

The Statute declared all citizens equal before the law, with equal civil and political rights regardless of ranks and titles, and made all citizens eligible for civil and military offices, except for the restrictions provided by the law. All citizens were required to pay taxes in proportion to their possessions.

The Statute granted the rights of habeas corpus, guaranteeing personal liberty and inviolability of the residence. Nobody could be arrested or brought to trial, or have his home searched, except in those cases and in the manners prescribed by the law. All properties were inviolable. However, if public interest mandated it, citizens could be required to give up all or part of their property with due compensation and in accordance with the law.

Freedom of the press was granted, but the government was empowered to punish abuses of this freedom. Moreover, the Statute granted the Bishops the sole authority to grant permission to print bibles, catechisms, liturgical and prayer books until 1870. Citizens had the right to freely assemble, peacefully and unarmed (the right to keep and bear arms was not recognised), though the government could regulate this right in the interest of public welfare. However, assemblies in public places were still subjected to police regulation.

Taxes could not be levied or collected without the consent of the Chambers and the King. The public debt is guaranteed and every obligation of the State to its creditors had to be met.

The Senate (Articles 33–38)

260px|thumbnail|right| Engraving of the Palace of the Supreme Magistrates in Turin, known also as Palace of the Senate of Savoy.

Senators were appointed by the King for life, and had to be at least 40 years old. These latter powers, ensuring the king's influence over the legislative branch, guaranteed his strong position within the state. but the day of celebration later became the first Sunday of June. This national day originally meant to represent the achievement of liberty but by time the national day was seen as a celebration to the monarchy itself, and continued to be seen in the same way even after Benito Mussolini acquired power.

Back to the Statute

Since the first years of the Statute's life, a practice had developed which had apparently shifted the form of Government of the Kingdom from the pure constitutional one (like the Constitution of the German Empire of 1871, or of the French Constitutions of 1814 and 1830, in which the Government had to enjoy the trust of the King and him alone, and Parliament had no say in its physiological course), to a parliamentary form that recalled that of the British cabinet.

This customary development was contested by Sidney Sonnino when, in January 1897, published an article, Torniamo allo Statuto (Let's go back to the Statute) in which he called for the replacement of government of the parliamentary type with government of the "constitutional" type. This became the political manifesto of the right-wing parties for two decades.

Indeed, from an analysis of various critical junctures in the history of the Kingdom of Italy, it was believed that the substance of power has always been in the hands of the King alone and the few men who enjoyed his trust. Many elements confirm this impression: just three people «led Italy to participate in the First World War (King, Prime Minister and Minister of Foreign Affairs), precisely in strict application of Article 5 of the Statute, without Parliament being able to formally express an orientation about the war».

References

External links

Text of the Statute
Text of the Statute
Text of the Statute (annotated PDF translation)