PAOLO BISCARETTI DI RUFFIA

«Serio aggiornamento» o «integrale rinnovo» per la costituzione italiana nel 1991?

N. 155

Summary - This essay is intended to give an answer to the question whether, after more than forty years since its coming into force, it is necessary to make a complete renewal of the Italian Constitution or whether it is sufficient to submit it to a ponderate adjournment.

Up to the sixties, in fact, the slow realization of the constitutional dictates had repeatedly urged jurists and politicians to call for a more speedy realization, but from that time onwards — and in particular after the actual institution of the ordinary Regions in 1972 — started to thicken in the doctrine and in the public opinion incitements to revise and bring it up to date in those parts by now outdated. In the end, rumours arose calling right away for a complete renewal of the Constitution, even to speak of a forthcoming change from the "First" to a "Second Republic".

After having briefly examined the many proposals, also very innovative, lately submitted to improve the fundamental constitutional institutes (from the Parliament and its electoral laws, to the President of the Republic, to the Government, to the Magistracy, the Regions, the local Administrations, the Constitutional Court) it is concluded that a total renewal of the Constitution does not appear necessary, on the contrary may be very useful quite a number of specific revisions and updatings in relation to some institutions and procedures that have most felt the strain of the years.

It ends by pointing out that for a promising development of the Italian public life it may not be sufficient to modify some institutes and procedures, but it appears indispensable to see that the Italians, with a much greater public spirit, fulfil their duty as citizens so as to give rise to a renewed political body much more absorbed in the effective pursuance of the general interest of the Country.