Criminal Law Jurisprudence and Legal Authority 6.
Sources of the Italian Criminal Trial B. Portals 1. Institutional Portals 1. Private Portals 2.
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Search Engines 3. Guides 4. Sites of Legal Interest 4. Parliament, Government and Ministries 4. Organs and Bodies of National Importance 4. Local Authorities and Civic Networks 4. Courts and Judicial Offices 4. European Institutions 4. Universities and Research Bodies 4. Professional Orders, Associations and Trade Unions 4. Private Initiative Sites 4. Publishing Houses 4. Online Law Journals 4. Law Libraries C. The "Normattiva. The Italian Legal Authority Portal 4. CD-ROMs 5. Mailing Lists and Newsgroups D. Legislation, Case Law and Legal Literature 2.
Thematic Information Systems 2. Criminal Law 2. Labour Law 2. Environmental Law 2. Fiscal Law E. Appendices 1.
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Main Italian Legal Websites 1. Italian Parliament, Government and Ministries 1. Italian Parliament 1. Italian Government 1. Ministers Without Portfolio 1.
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Associations and Labour Unions 1. Traditional and Online Magazines 1. Private Initiative Websites 1. Research Institutions 1. Italian Legal Documentation 1.
Parliamentary Acts 1. Legal Authority 1. Web Guides to Italian Law 1. Italian Legal Search Engines and Portals 1.
European Community, Foreign, and International Law 2. Free of Charge Databases Introduction: Italian Legal System On the European Continent, legal systems can be said to have various origins, but in particular, to have descended from classical Roman law, which became with time " jus civile ", and can be distinguished in many ways from the "Common Law". The Italian legal order has two fundamental origins, " jus privatorum " and " jus publicum "; this traditional division of law does not exist in "Common Law" countries with an English tradition. The former, concerning Private Law, draws its sources from ancient Roman law the " Institutiones ", " Digesta ", " Codex " and " Novellae " and substantially still mirrors those ancient principles today, albeit filtered through the experience of the Medieval and Renaissance jurists the Glossators and Commentators , and later summarized in the French Napoleonic codification of , which in Italy was partially affected by the influx of German Pandectist doctrine.
The latter, concerning Public Law, finds its most direct and modern inspiration in the "Declaration of the Rights of Man and of the Citizen" of , following the French Revolution.
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It was strongly influenced by the political experience of the Italian Risorgimento, partially incorporated in the Constitution of the State of the Piedmont, promulgated on 4 March by Carlo Alberto of Savoy the so-called Statuto Albertino , and finally fully expressed in the Republican Constitution in force today. The description above provides a general outline of the system up to the promulgation of the new Italian Constitution in , which imposed a different and updated approach and interpretation of the old rules, influencing in a decisive manner the order of the powers of the individuals and of the State and, above all, the relationship between the citizens and the State.
Furthermore, it also forced the latter to intervene strongly in the economic field. It is usually said that the Italian Constitution is a compromise between the thrust for the simplified popular idea of justice deriving from 19 th century socialist ideas and the innate natural law aspiration of religious Catholic origin. The Italian Constitution, which came into force on 1 January , clearly states that the rights of individuals exist and are protected, but directs their exercise towards the benefit of the entire collectivity, according to the principle, also dear to early French Constitution makers, that the individual is everything in society but is nothing without it.
It is the whole constitutional framework that, for the purpose of fully implementing the project for a new society, takes the doctrine formulated by Montesquieu as its own and clearly separates legislative, executive and judicial Powers, giving each its own precise rules and autonomy. An English translation of the Italian Constitution text , revised and updated to , is in A. Tschentscher ed. This translation has been realized for International Constitutional Law ICL , a scientific organization that translated also other Constitutions in the world, providing a special kind of cross references among different constitutional texts.
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The Italian legal system, as founded on Roman and Germanic traditions and based on the written laws value, is a "Civil Law system". It is deeply different from the legal system of the English-speaking countries so called "Common Law systems" , developed by royal courts of justice and basically structured as a "Jurisprudencial Law", in which just the judges make law, binding by means of their sentences the following judicial decisions.
The "Corte Costituzionale" [Constitutional Court] exercises control over the constitutional legitimacy of laws. On August 8th , the Senato approved a historical reform of its structure and powers.
It had to be the first step of the constitutional reform process. The negative response of the Constitutional referendum stopped this aim in December Judicial Power is exercised by magistrates distinguished in functions and competencies as follows. Any Judge can refer a case to the Constitutional Court.