The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-02

work Of the popular votes by which the
various provinces we're annexed; in other
words, that Parliament cannot break up
the kingdom. when We say universally,
we have In mind tho opinions OF those who
take part In parliamentary elections; 1t il
probable enough that those Catholic cleo
tors who at present, in obedience to the
Papal Injunction, abstain from voting,
would take different ground, should they
ever go TO the ballot box and manage to
gain control of tho Chamber OF Deputies.
II has also been suggested that the higher
Italian courts have, like the supreme Court
of tho United States the right TO consider
tho constitutonality OF law which in
wolves the enforced construction OF the
Statute, but this view has not prevailed.
As a matter OF fact, the Statute has been
amended on several occasions by vote OF
the Chamber OF Deputies which has always
in such cases carried with It, as we have
said the assent OF the Senate. The power
of the executive officials to make ordinapces
is used even moro extensively than it ID in
France, and there have been complaints
that II is sometimes carried 40 far as to
render the provisions of law hugatory, al
though the Constitution expressly declares
that 1.-THE King makes the DEGREES and reg
ulatons necessary for the execution Of the
laws, without suspending their observance
or dispensing with them The interpreta-
tion put upon this provision 10 in practice
81 broad that the Government IL virtually
allowed to suspend the law subject to sub
sequent responsibility to Parliament, and
even to mako temporary laws which are to
be submitted to Parliament later; power
that is used, when a tariff bill is introduced,
to prevent large importations before the
tariff goes into effect. What Is more as
tonlshing, the Italian Parliament has
more than once delegated in advance
legislative power to the Ministry. In
the case OF the recent criminal code,
for instance, the final text wac never sub
mitted to the Chambers at all, but,
after the subject had been debated at
length, the Government was authorized to
make q complete draft Of the code, and then
To enact it by royal decree, harmoniHing it
with itself and with ether statutes, and TAX
ing into account the views expressed by
the Chamber The Same course was pur-
sued with the electoral law OF 1 1872, which
greatly expanded tho electoral franchise
with the recent laws on local government
and on the Council OF State and with many
other enactments.
When, therefore. the Italian Chamber OF
Deputies last week practically passed an
act OF indemnity in advance. authorizing
Minister'S to suspend by royal decree dur
ing the Parlia mentary recess provision OF
the Constitution guaranteeing the freedom
OF public meetings, it engaged in trans
action which. extraordinary as it seems to
the citizens Of other countries possessing
written Constitution, is by no means
unprecedented in recent Italian experience.
The truth Is that Il preference for admins
trative regulations, which the Government
can change at any time, over rigorous con-
stitutional PROVISIONS is deeply implanted
in the Latin races, and seems to be espe-
ciallv marked in Italy.