The Influence of Italian Law Scholars on the Crafting of the 1948 Constitution

The Constitution of the Italian Republic, which entered into force on 1 January 1948, is infused with a strong internationalist spirit, so much so that it has been termed “ambitious” for its firm promotion of human rights, peace, and justice— all values which the international community sought to advance with equal determination in the years immediately following World War II. On the one hand, this internationalist spirit can certainly be said to reflect a reaction to Fascism’s disregard for such values, as well as the intention of the new Republic’s democratic political forces to rehabilitate Italy’s international status and reputation; on the other hand, it is also due to the influence of a number of Italian international law scholars of the time, who provided an important contribution to the conception and drafting of the most internationally oriented provisions in the Constitution.