이탈리아의 헌법과 헌법재판제도

Abstract

The constitution and the constitutional justice of Italy has rarely introduced and studied in Korea despite Italy’s historical significance and international status. In this article, it is attempted to draw a general outline of the Constitution and the Constitutional justice of Italy by starting from the basic structure and contents of the Constitution. Italy passed through the monarchy and fascist regime from the late nineteenth century, and after the end of World War II the Constitution of the democratic republic and the parliamentary system was enacted finally in 1948. The Constitution consists of 139 articles and 18 ‘transitional and final provisions’. The text consists of ‘Fundamental Principles’, ‘Rights and Duties of Citizens’, and ‘Organization of Republic’. On the other hand, the Italian Constitutional Court was first adopted by the Constitution of 1948. It consists of fifteen constitutional judges, who make decisions in accordance with the principle of collegiality. In the early days of the Italian Republic, the Constitutional Court was active in cleansing the law under the fascist regime and later in controlling the legislation of parliament. Italy has inherited historical universality from ancient times, but has also brought its own unique identity. These qualities are shown in the Constitution and the Constitutional Court system too. In other words, the Italian Constitution adopts a common European system, which is a parliamentary system of the Parliament, but it also has special provisions such as a landscape protection clause and a handicraft protection clause, and it also has very interesting and original institutions such as a abrogative referendum, national initiative, Superior Council of Judiciary, and strong local autonomy. In addition, the Italian Constitutional Court is showing the essence of being a political judiciary. While strictly observing the independence and impartiality of the Court, it also communicates with the public through a trial based on the public hearings, and smoothly deals with relations with other institutions such as the Supreme Court and the Parliament. And, it reduces the burden of cases through the decisions of inadmissibility and uses unique judgment techniques such as interpretative judgments and manipulative judgments. The Italian Constitution and the Constitutional justice system are expected to be reinterpreted and adopted in Korea.