Quirino Camerlengo

The President of the Republic and the Normative Activity of the Government

  • Abstract

Informations and abstract

Keywords: President of the Republic; Government; Sources of law

The Author analyses the relationship between the Italian President of the Republic and the Government, with particular reference to the President's power to authorize bills previous to their introduction before Parliament and to issue legislative decrees and law decrees. More specifically, this analysis is carried on three levels: the President of the Republic as the guardian of the fairness in the performance of constitutional relationships, the President of the Republic as the guardian of the supremacy of the Constitution and, finally, the President of the Republic as the guardian of fundamental rights. The President's role is expressed through a power of control over the acts of the government. The problem is the «intensity» of this power i.e. what defects can be taken into consideration and what remedies can be adopted. The theories that the Author proposes are examined in the light of institutional practice, with particular reference to the recent «Englaro Case».

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