History of Italian Citizenship - Modern Italian Constitutional Distinctiveness

Modern Italian Constitutional Distinctiveness

Italy’s ultimate law is found in its constitution, created in 1948 following the fascist downfall, where sovereignty belongs to citizens who elect a parliament. This Italian constitution is not original in its obligation to safeguard basic and fundamental human rights. However the Italian constitution is distinctive in the sense that it formally guarantees, under article 24, the right to a judicial defense. The Italian constitution is also distinctive, from some other constitutions, in its outlawing of the death penalty, pursuant to article 27. This indicates that the state sees rehabilitation of a convicted person as an obligation; and rehabilitation through treatment as a right of the Italian citizen.