ERNESTO BETTINELLI

La Costituente: Veni Creator Spiritus

209

Maggio-Agosto 2005

Anno LXX    n. 2

Summary. — Constitutions "born of sufferings", like that of the Italian Republic, represent a unique case among the array of present day liberal democratic constitutions. On the occasion of the 60th anniversary of the Italian Constituent Assembly (elected on 2 June 1946), the author recalls the most significant phases in the discussion leading to the drawing up of the Constitution by means of which a virtuous compromise was reached between the various parties, despite the great political and ideological divisions of the time. This "constitutional patriotism" (which similarly emerged in the constitutive process in the United States in 1787) produced a Charter which the members (including those declaring themselves to be of a « secular » orientation) called "sacred".From the methodological point of view, this sacredness is expressed in a wise equilibrium between the principle of sovereignty and the principle of cohesion. It is wise to respect such an equilibrium, because it safeguards future generations against the terrible sufferings that gave rise in the first place to the republican form of the state and to the unifying values of the Constitution.The Constitution is certainly not immutable. It can and should be updated in accordance with new requirements of communal life. But — as the American experience teaches us — the best course is the prudent one of precise amendments (on which it is easiest to achieve a wide consensus reaching beyond the confines of a momentary majority). Grand constitutional reforms, on the other hand, run the risk of irreversibly altering the DNA of the Constitution and abandoning its function of guaranteeing the continuity and unity of the nation. Constitutional norms are updated by the Constitutional Court, whose jurisprudence gives daily voice to the Constitution.