THE FORMATION OF THE ITALIAN INSTITUTIONS

The Collapse of Fascism and the Return to Political Democracy

The fall of Fascism, which had come to power in Italy in 1922 with the `March on Rome', the resignation of the Facta Cabinet and Vittorio Emanuele III's invitation to Benito Mussolini to form a new government, was determined in July 1943 by the military defeat that became certain following the Anglo-American landings in Sicily.
At a dramatic meeting on 25 July 1943, the Gran Consiglio del fascismo approved a motion of criticism and lack of confidence in Mussolini both for the conduct of the war and Fascist policies. This was moved by Dino Grandi and supported by important members of the regime.
The King took this opportunity to act on a motion of the Gran Consiglio that was merely advisory, an initiative which he had failed to exercise on several previous occasions. Taking advantage of the Fascist conspiracy, the King therefore forced Mussolini to resign and appointed Marshal Badoglio as head of Government.
The King resumed effective command of the armed forces, according to the powers of article 5 of the Statuto albertino and this explains both the choice of Badoglio - based exclusively on his loyalty to the crown - and the subsequent ambiguous events: the Government's declaration of `continuing war', the 8 September armistice, the flight of the King from the capital and the abandonment of the army and country in its most tragic moment.
Between 1943 and 1945 Italy saw the Allied military presence in the South and the German occupation of the Centre and North, where with the Germans' release of Mussolini the Fascist movement recovered and the Repubblica sociale was created with German military support. The disintegration of an army left without orders or political direction did not permit an immediate and general reaction to the German occupation; many Italian soldiers were deported to Germany, while others fled into the mountains to join the first partisan groups.
In these years while in the south Badoglio's Government, after its declaration of war against Germany on 13 October 1943, tried to reorganize the slender means at its disposal, the antiFascist political forces formed the Comitato di Liberazione Nazionale (CLN) on 9 September 1943.
The latter's immediate objectives were the liberation of Italy from the German forces, the armed struggle against the Fascist Repubblica sociale and the return to political democracy. The support of the Communist Party, with the ``svolta di Salerno'' led by Togliatti, for Badoglio's Government and the patto d'unità d'azione contro il nazifascismo reinforced the political role of the CLN and provided the foundations for a parliamentary republic.
In June 1944 the Badoglio Government was succeeded by the first government of Ivanoe Bonomi, which included representatives from all six parties of the anti-Fascist coalition: democrazia cristiana, comunista, socialista di unità proletaria, liberale, d'azione and democrazia del lavoro. While in the part of Italy liberated by the advancing Anglo-American alliance the structures of political democracy were being rebuilt, in the territory occupied by the Germans and the Fascist republicans, armed resistance was being organized by clandestine groups working behind the enemy lines, which was finally to widen into public insurrection. Besides providing support for the allied armies, the popular resistance focused the anti-Fascist political powers on common objectives and reawoke a conscience in the people that was rooted in the values of liberty and democracy.

From Provisional Governments to the Constitution

The Badoglio Government, by a succession of acts, had also suppressed the Partito Nazionale Fascista and its dependent organizations. An extensive shuffle of prefects was also carried out.
The new powers were concentrated into three forms: the crown, provisional government and united anti-Fascist committee. With the substitution of Badoglio and the formation of Bonomi's first Government the parties that had created the CLN formally assumed political responsibility.
In the meantime, Vittorio Emanuele III had conferred royal power on his son Umberto with the title Luogotenente generale del Regno. A provisional decree on 25 July 1944 formalized the Salerno agreement and established: 1) election by direct universal suffrage of an Assemblea Costituente to draw up a new constitution; 2) obligation of the members of the government not to impede institutional reform, postponed until the liberation of the country; 3) future ministers to swear loyalty to the nation, rather than the king; and 4) legislative powers to be attributed to the government, by way of decrees approved by the luogotenente.
In April 1945 a Consulta Nazionale was established to reinforce political representation. This body included representatives of the parties present in the CLN as well as those drawn from political groups alien to the committee. Its function for the government was essentially advisory, allowing a wider and more open consultation among the political forces, without assuming any `constitutional' role whatsoever.

The Assemblea Costituente
The `institutional question' was to be resolved outside of such bodies and the provisional decree of 16 March 1946, No. 98, gave the decision to choose between monarchy and republic to the people by way of a referendum.
It also made provision for direct election of the Assemblea Costituente. The institutional referendum and elections for the Assemblea Costituente were held together on 2 June 1946. The electorate voted in favour of a republic (12,718,641 or 54.26% for the republic, 10,718,502 or 45.72% for the monarchy). In May 1946 Vittorio Emanuele III abdicated in favour of his son Umberto who, after the results of the referendum were proclaimed, went into permanent exile.
The elections for the Assemblea Costituente saw the clear predominance of the three popular parties (democrazia cristiana 35% of the votes, partito socialista di unità proletaria with 20% and partito comunista with 19%).
With this vote two objectives were achieved. First, the final word was said on the institutional question that had divided the country and absorbed considerable attention on the part of the political powers, public opinion and international bodies. Second, it opened the way to the introduction of a constitution, which was to signal a new political order with the collapse of the Fascist regime and the return to democracy.
On the 31 January 1947 the progetto di Costituzione was presented to the Assemblea, where it was definitively approved by a secret ballot on 22 December 1947 by 453 votes to 62. Promulgated by the provisional head of State on 27 December, the Costituzione Italiana became law on 1 January 1948. It consisted of 139 articles and XVIII transitory and permanent dispositions.