La Costituzione siciliana del 1812

The Sicilian Constitution of 1812 was included in a Political System which can be defined as “monarchy restrict” because the political power was mainly in the hands of the Sovereign and the parliament only intervened to put some limits on the “potere regio”. The sicilian constitutional experience...

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Main Author: Angelo Grimaldi
Format: Article
Language:English
Published: Universidad del Norte 2017-01-01
Series:Revista de Derecho
Subjects:
Online Access:http://www.redalyc.org/articulo.oa?id=85152301009
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author Angelo Grimaldi
author_facet Angelo Grimaldi
author_sort Angelo Grimaldi
collection DOAJ
description The Sicilian Constitution of 1812 was included in a Political System which can be defined as “monarchy restrict” because the political power was mainly in the hands of the Sovereign and the parliament only intervened to put some limits on the “potere regio”. The sicilian constitutional experience of 1812 wasn’t a breaking off from the constitution, it remained a dualistic system in which the King had legitimate dynasty and 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 the Sovereign and the aristocrats: the “nation”, being an abstract juridical bodies couldn’t govern 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 as constituent assembly due to the way meetings were called, election and social make up of 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 do no 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 all feudal possession were transformed in Habeas corpus. The Constitution transformed the juridical regime of large landed estates from feudal Homage to freeholder homage.
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spelling doaj-art-c8be32cb238c4cab91e5e8aa225c6f162025-02-06T22:58:01ZengUniversidad del NorteRevista de Derecho0121-86972145-93552017-01-0148208233La Costituzione siciliana del 1812Angelo GrimaldiThe Sicilian Constitution of 1812 was included in a Political System which can be defined as “monarchy restrict” because the political power was mainly in the hands of the Sovereign and the parliament only intervened to put some limits on the “potere regio”. The sicilian constitutional experience of 1812 wasn’t a breaking off from the constitution, it remained a dualistic system in which the King had legitimate dynasty and 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 the Sovereign and the aristocrats: the “nation”, being an abstract juridical bodies couldn’t govern 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 as constituent assembly due to the way meetings were called, election and social make up of 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 do no 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 all feudal possession were transformed in Habeas corpus. The Constitution transformed the juridical regime of large landed estates from feudal Homage to freeholder homage.http://www.redalyc.org/articulo.oa?id=85152301009constitutionmonarchy restrictnationnational sovereigntyconstituent assemblyconstituent powerseparation of powersroyal assenthabeas corpusthe king can do not wrongimpeachmentinterna corporisabolition of feudalism
spellingShingle Angelo Grimaldi
La Costituzione siciliana del 1812
Revista de Derecho
constitution
monarchy restrict
nation
national sovereignty
constituent assembly
constituent power
separation of powers
royal assent
habeas corpus
the king can do not wrong
impeachment
interna corporis
abolition of feudalism
title La Costituzione siciliana del 1812
title_full La Costituzione siciliana del 1812
title_fullStr La Costituzione siciliana del 1812
title_full_unstemmed La Costituzione siciliana del 1812
title_short La Costituzione siciliana del 1812
title_sort la costituzione siciliana del 1812
topic constitution
monarchy restrict
nation
national sovereignty
constituent assembly
constituent power
separation of powers
royal assent
habeas corpus
the king can do not wrong
impeachment
interna corporis
abolition of feudalism
url http://www.redalyc.org/articulo.oa?id=85152301009
work_keys_str_mv AT angelogrimaldi lacostituzionesicilianadel1812