La Costituzione siciliana del 1812

Revista de Derecho

关键词: constitution;    monarchyrestrict;    nation;    nationalsovereignty;    constituent assembly;    constituentpower;    separationofpowers;    royalassent;    habeascorpus;    the king can do not wrong;    impeachment;    interna corporis;    abolition of feudalism;   

DOI  :  

来源: DOAJ

【 摘 要 】

The Sicilian Constitution of 1812 was included in a Political System which can bedefined as “monarchy restrict” because the political power was mainly in the handsof the Sovereign and the parliament only intervened to put some limits on the “potereregio”. The sicilian constitutional experience of 1812 wasn’t a breaking off from theconstitution, it remained a dualistic system in which the King had legitimate dynastyand most of the members of the Parliament belonged to the Sicilian Nobility. The Par - liament didn’t represent the nation because the two main governing bodies were theSovereign and the aristocrats: the “nation”, being an abstract juridical bodies couldn’tgovern directly but only through delegation; consequently the Parliament could repre - sent only a part of the Sicilian Society, that is to say only that fraction that was repre - sented in the Parliament. The Sicilian Parliament of 1812 it cannot be considered asconstituent assembly due to the way meetings were called, election and social make upof its members. And therefore canot be considered as expression of constituent power.The Constitution provider for separation of powers but the English Constitutionl mo - del couldn’t be put into practice because it was based on royal assent, (the King can dono wrong) and this interna corporis whic would be led to the impeachment as being a political responsibility not a juridical responsibility. There was the addiction of feudalism but allfeudal possession were transformed in Habeas corpus. The Constitution transformed the juridicalregime of large landed estates from feudal Homage to freeholder homage.

【 授权许可】

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