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 for a century, 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. Today the Statuto Albertino is regarded as one of the most important historical legal acts issued on the territory of Italy.
Background
Origins of the Statute and its promulgation
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.
Already in 1831, the Sardinian king Charles Albert announced a program of administrative reforms, while simultaneously establishing a legislative commission composed of judges and lawyers who deliberated under the chairmanship of the Minister of Justice, Giuseppe Barbaroux. The body was divided into sections: civil law, civil procedure, criminal law, and commercial law. At the same time, in response to increasingly violent riots, the absolutist policy previously pursued by the king was softened. In 1831, a draft civil code was developed, clearly inspired by the Napoleonic Code. After lengthy consultations with the Supreme Court and the Council of State (an administrative court), its final version was approved in 1837, with an entry into force date of 1 January 1838. The new code was to apply to the continental part of the Kingdom of Sardinia (Piedmont, Savoy, and Liguria), excluding the island of Sardinia. Two years later, the criminal code (with an entry into force date of 15 January 1840), the military criminal code, and in 1847, a code of criminal procedure based on the principle of public trials were issued. In 1847, censorship was also limited, and, among other things, the publication of political periodicals was permitted. At the same time, administrative and systemic reforms continued.
Despite the progressing changes, King Charles Albert remained reluctant to introduce any act of a constitutional nature, and due to social pressures on this issue, he also considered announcing his abdication. The turning point was the granting of a constitution to the Kingdom of the Two Sicilies by Ferdinand II at the beginning of 1848. Thanks to this, as well as due to pressures from the National Guard, Charles Albert also decided to adopt and announce on 8 February 1848 the fundamental law of the state he ruled – the Fundamental Statute of the Kingdom of Sardinia (Italian: Statuto Fondamentale del Regno di Sardegna), which was officially promulgated on 4 March 1848 in Turin, which was de facto the capital of the Kingdom of Sardinia.
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. At the time, Charles Albert was only following the example of other Italian rulers, but his Statute was the only constitution to survive the repression that followed the First War of Independence (1848–49).
Making the Statute the fundamental law of the Kingdom of Italy
The special features of the Albertine Statute (its concise form and the lack of a special procedure required for making changes to it, which gave it flexibility) and the favorable political situation meant that its provisions were extended to the territories of successive Italian states joining the new state entity, formed as part of the process of unifying Italian lands initiated at the beginning of the 19th century (Italian: Risorgimento), until it was finally recognized as the constitution of the Kingdom of Italy by virtue of the law proclaiming the kingdom, Law No. 4671 (Law No. 1) of 17 March 1861, signed by the first King of Italy, Victor Emmanuel II.
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.
Final years of the Statute's enforcement and the new Italian constitution
Even though it suffered deep modifications, especially during the fascist government of Benito Mussolini (who ruled with the tacit approval of King Victor Emmanuel III), the Statute lasted mostly unaltered in the structure until the implementation of the republican constitution in 1948, which superseded several primary features of the document, with specific regard to those of monarchical nature. With the fall of the fascist government, the question arose of adopting a new model for the state system. King Victor Emmanuel III appointed his son Umberto II to perform royal duties, and the enforcement of the monarchical Albertine Statute was confirmed by the Pact of Salerno, signed in April 1944 by the ruler and the National Liberation Committee. In July 1944, the government of Prime Minister Ivanoe Bonomi issued a provisional constitution, temporarily granting legislative power to the government, which could issue decrees with the force of law subject to approval by the acting royal deputy. By such a decree, the Italian people were entrusted with the choice between monarchy and republic through a referendum.
The referendum on the Italian system took place on 2 June 1946, simultaneously with elections for members of the Constituent Assembly of Italy. It was participated in by 89% of eligible voters, with more than half voting for a republican form of government. Less than two weeks later, Umberto II went into exile in Portugal. Work on the new constitution continued until 25 February 1947, and on 22 December 1947, the fundamental law was adopted by the assembly with 458 votes in favor and 62 against. The Italian republican constitution entered into force on 1 January 1948, definitively ending the 100-year period of enforcement of the Albertine Statute.
Provisions
Preamble
The preamble of the Statute consists of an enacting formula that reaffirms the authority of the King, in the context of the unrest that was sweeping across Europe and the Kingdom, by stating:
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:
The State (Articles 1–23)
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)
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 did not explicitly exclude women from the right to vote (Article No.24), this led to controversies as Courts disagreed with each other until the precedent of the Supreme Court forbidding women to vote.