The “unwritten” Constitution: reflections on the Italian experience

Abstract

The aim of the paper is to look at Italy’s invisible Constitution to identify the drivers of informal transformations and create a snapshot of the Italian case in order to make a comparative contribution to the debate. I argue that, in addition to the traditional forces of informal constitutional change – namely constitutional conventions, the role of the judiciary in interpreting the constitution and the role of relevant institutional actors – the Italian case must be seen in the light of the specific constitutional history of Italy, especially two fundamental “moments” of this history: the specific political context in which the Constitution was drafted in 1947 and Italy’s participation in the EU integration process. Only by looking at informal constitutional change in the broader context of these historical and political evolutions can we understand the key features of the “Italy’s unwritten Constitution”.