Estratto da
RIVISTA DELLA COOPERAZIONE GIURIDICA INTERNAZIONALE
Quadrimestrale dell’Istituto Internazionale di Studi Giuridici
La Carta del Carnaro ovvero la Costituzione repubblicana ante litteram
RIVISTA DELLA COOPERAZIONE GIURIDICA INTERNAZIONALE
Quadrimestrale dell’Istituto Internazionale di Studi Giuridici
La Carta del Carnaro ovvero la Costituzione repubblicana ante litteram
The article, carried out a historical premise on the Dalmatian - Istrian question, arisen with the stipulation by Italy of the London Pact of 1915 during the First World War, which does not include Fiume among the territories assigned to Italy in exchange for support to the allied powers against the Austro-Hungarian Empire, and continued with Fiume’s enterprise, led by Gabriele D’Annunzio, examines the Carta del Carnaro, drawn up by D’Annunzio himself and by Alceste De Ambris as the constitution of the “republic“ (lastly called “reggenza”) of the Carnaro in the occupied territory of Fiume.
This is a constitutional charter which, on the one hand, bears witness to the foresight of the authors and, having been shared and signed, the greatness of the Istrians; on the other hand, it contains provisions that are precursory, even in a textual way, of those in force in the Italian Constitution, since there are textual passages with absolutely extraordinary advances, an example of Istrian culture.
You can count more than twenty interesting, similitude or even identity ideas, leading, therefore, to the conclusion that even the Constitution of 1948 has suffered, in some of its expressions, the influence of D’Annunzio (among the most relevant aspects, the protection of rights, with particular attention to social rights, including the social function of property, the establishment of a system of constitutional justice, the promotion of local autonomies, with a view to participated democracy).
The discussion closes with the brief exposition of the epilogue of the Fiume enterprise and the solution of the Istrian question, which will be unsatisfactory for the fate of many Italian citizens, only with the 1975 Treaty of Osimo, preceded by the Memorandum of London of 1954, which had definitively ratified the attribution of the Zone A of Trieste to Italy and the borders with the former Yugoslavia.
This is a constitutional charter which, on the one hand, bears witness to the foresight of the authors and, having been shared and signed, the greatness of the Istrians; on the other hand, it contains provisions that are precursory, even in a textual way, of those in force in the Italian Constitution, since there are textual passages with absolutely extraordinary advances, an example of Istrian culture.
You can count more than twenty interesting, similitude or even identity ideas, leading, therefore, to the conclusion that even the Constitution of 1948 has suffered, in some of its expressions, the influence of D’Annunzio (among the most relevant aspects, the protection of rights, with particular attention to social rights, including the social function of property, the establishment of a system of constitutional justice, the promotion of local autonomies, with a view to participated democracy).
The discussion closes with the brief exposition of the epilogue of the Fiume enterprise and the solution of the Istrian question, which will be unsatisfactory for the fate of many Italian citizens, only with the 1975 Treaty of Osimo, preceded by the Memorandum of London of 1954, which had definitively ratified the attribution of the Zone A of Trieste to Italy and the borders with the former Yugoslavia.
pagine: | 20-33 |
DOI: | 10.4399/97888255208112 |
data pubblicazione: | Gennaio 2019 |
editore: | Aracne |