Abstract
Autore:
Margiotta Broglio Francesco
Titolo:
"Alle origini degli articoli 7 e 8 della Costituzione del 1948"
The explicit reference in the
Constitution of the Republic to the Lateran
Pacts of 1929 has democratically frozen
the structure given by the fascist regime to
the relations of the State with the Catholic
Church and with those then called “admitted
cults”. Beyond the articulated and rich debates
of the Constituent on what will become
the art. 7 of the 1948 Charter, and of the
“values” conveyed by the different political
forces, this contribution tends to shed light,
especially in terms of the hierarchy of normative
sources, on some “precedents” dating
back to the colonial law of the Twenties
and Thirties, to the constitutional project of
the Mussolini regime in 1940, to the draft
Statute of the Italian Social Republic (rsi) in
1944-1945, and to the constitutional model
developed by King Vittorio Emanuele III
in November 1945. If we refer to the wellknown
thesis of Benedetto Croce according
to which the twenty years of fascism would
have been only a “parenthesis” in the history
of Italy, it must be recognized that with regard
to the position of religion and the
Catholic Church the “parenthesis” opened
with the Statute of Carlo Alberto of 1848
(“Catholic religion is the only religion of
the State”) was closed only in 1984 with the
Italy-Holy See Agreement, that declares no
longer in force this principle that had been
recalled in the Lateran Pacts of 1929.
