Statuto Albertino

[1] 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.

[2] The Constitution established a uninominal-majoritarian electoral system and initially gave suffrage to wealthy males over the age of 25.

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).

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Statute lasted mostly unaltered in the structure until the implementation of the republican constitution in 1948, which superseded several primary features of the document, with specific regard to those of monarchical nature.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 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 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).

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.

[5][6] The Statute granted the rights of habeas corpus, guaranteeing personal liberty and inviolability of the residence.

However, if public interest mandated it, citizens could be required to give up all or part of their property with due compensation and in accordance with the law.

The list included Archbishops and Bishops of the State; Presidents and members of the Chamber of Deputies; Ministers of the State; Ambassadors and Special Envoys; Presidents, Attorneys and Councillors of the Court of Cassation, the Court of Accounts or the Appeal Courts; Generals and Admirals; State Councillors; Members of the Royal Academy of Science and of the High Council of Public Education; and other citizens who have distinguished themselves through their services, achievements and contributions.

The Senate had the sole authority to judge its members, and was also responsible for archiving royal births, marriages and deaths.

Deputies were elected for at least five years, unless the Chamber was dissolved before then, and they represented the nation as a whole, with no binding mandate from their individual constituencies.

The Chamber had the right to impeach the King's Ministers and bring them to trial before the High Court of Justice, which was the Senate.

Sittings of the Chambers were public, but they could deliberate in closed session when requested in written form by ten members.

Each Chamber had the sole authority to judge the validity and eligibility of its own members, and to establish its own internal rules regarding the exercise of its functions.

As a result, it became a well-established convention that ministers were both legally and politically responsible to the Chambers, notwithstanding the Statuto's provision that the King alone held executive power.

This convention was so firmly established that when Benito Mussolini consolidated his power, he passed a law explicitly stating that he was not responsible to the Chambers.

For the execution of the Statute, the King reserved the right to make laws on the press, on the elections, on the communal militia and the rearrangement of the State Council.

Indeed, from an analysis of various critical junctures in the history of the Kingdom of Italy, it was believed that the substance of power has always been in the hands of the King alone and the few men who enjoyed his trust.

Many elements confirm this impression: just three people «led Italy to participate in the First World War (King, Prime Minister and Minister of Foreign Affairs), precisely in strict application of Article 5 of the Statute, without Parliament being able to formally express an orientation about the war».