Note (Back) — Chapter XIX

402. Legislative Amendment.—A more important matter, however, is the extension and the readaptation of the constitution through parliamentary enactment. In the earlier days of the kingdom there was a disposition to observe rather carefully in practice the distinction between functions and powers of a legislative, and those of a constitutional, character. Gradually, however, the conviction grew that the constitutional system of the nation might be modified through the processes of ordinary legislation, and in Italy to-day the theory of parliamentary omnipotence is scarcely less firmly entrenched than it is in Great Britain. The parliamentary chambers have never directly avowed a purpose to amend a single article of the Statuto, but numerous measures which they have enacted have, with clear intent, taken from the instrument at some points, have added to it at others, and have changed both its spirit and its application. Care has been exercised that such enactments shall be in harmony with the public will, and in practice they are rarely brought to a final vote until the country shall have been given an opportunity to pass upon them at a general election. What has come to be the commonly accepted doctrine was stated forcefully, in the session of July 23, 1881, by Crispi, as follows: "I do not admit the intangibility of the Statuto. Statutes are made to prevent governments from retrograding, not from advancing. Before us there can be nothing but progress.... If we retain immutable the fundamental law of the state, we desire immobility, and should throw aside all advances which have thus far been made by the constituted authorities. I understand that in the Statuto of Charles Albert nothing is said of revision, and this was prudent. But how should this silence be interpreted? It should be interpreted in the sense that it is not necessary to the Italian Constitution that a constituent assembly should be expressly convoked, but that Parliament in its usual manner of operation is always constituent and constituted. Whenever public opinion has matured a reform, it is the duty of Parliament to accept it, even though the reform may bring with it the modification of an article of the Statuto."[537] It is in accord with the principles here enunciated that—to mention but a few illustrations—the law of December 6, 1865, regulating the organization of the judiciary, the Law of Papal Guarantees of 1871, and the measures of 1882 and 1895 overhauling and extending the franchise, were placed upon the statute books.