Constitution of the Italian Republic (1947) (excerpts related to Referendum) (English)

The Constitution of the Italian Republic

(Official Gazette, 27 December 1947, n. 298)

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PART II

ORGANISATION OF THE REPUBLIC

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SECTION II

The Drafting of Laws

Art. 75

A popular referendum shall be held to abrogate, totally or partially, a law or an act having the force of law, when requested by five hundred thousand electors or five regional councils.

A referendum is not permitted in the case of tax, budget, amnesty and pardon laws, in authorization or ratification of international treaties.

All citizens eligible to vote for the Chamber of deputies have the right to participate in referendums.

The proposal subjected to referendum is approved if the majority of those with voting rights have voted and a majority of votes validly cast has been reached.

The law establishes the procedures for conducting a referendum.

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TITLE II

THE PRESIDENT OF THE REPUBLIC

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Art. 87

The President of the Republic is the head of the State and represents national unity.

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He calls popular referendums in those cases provided for by the Constitution.

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TITLE V

REGIONS, PROVINCES, MUNICIPALITIES

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Art. 123

Each Region shall have a statute which, in harmony with the Constitution, shall lay down the form of government and basic principles for the organisation of the Region and the conduct of its business. The statute shall regulate the right to initiate legislation and promote referenda on the laws and administrative measures of the Region as well as the publication of laws and of regional regulations.

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The statute is submitted to popular referendum if one-fiftieth of the electors of the Region or one-fifth of the members of the Regional Council so request within three months from its publication. The statute that is submitted to referendum is not promulgated if it is not approved by the majority of valid votes.

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Art. 132

By a constitutional law, after consultation with the Regional Councils, a merger between existing Regions or the creation of new Regions having a minimum of one million inhabitants may be decided upon, when the request has been made by a number of Municipal Councils representing not less than one-third of the populations involved, and the request has been approved by referendum by a majority of said populations.

The Provinces and Municipalities which request to be detached from one Region and incorporated in another may be allowed to do so, following a referendum and a law of the Republic, which obtains the majority of the populations of the Province or Provinces and of the Municipality or Municipalities concerned, and after having heard the Regional Councils.

Art 133

Changes in provincial boundaries and the institution of new Provinces within a Region are regulated by the laws of the Republic, on the initiative of the Municipalities, after consultation with the Region.

The Region, after consultation with the populations involved, may establish through its laws new Municipalities within its own territory and modify their districts and names.

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TITLE VI

CONSTITUTIONAL GUARANTEES

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SECTION II

Amendments to the Constitution. Constitutional Laws

Art. 138

Laws amending the Constitution and other constitutional laws shall be adopted by each House after two successive debates at intervals of not less than three months, and shall be approved by an absolute majority of the members of each House in the second voting.

The said laws are submitted to a popular referendum when, within three months of their publication, such request is made by one fifth of the members of a House or five hundred thousand electors or five region councils. The law submitted to referendum shall not be promulgated if not approved by a majority of valid votes.

A referendum shall not be held if the law has been approved in the second voting by each of the Houses by a majority of two-thirds of the members.

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