The present Italian Constitution may be said to have its origin in the adoption of the republican form of government by the referendum held in June, 1946. Its basic features are embodied in the Charter constructed by the Constitutional Assembly then elected and are designed to establish a firm foundation for the organization and life of the Italian state as well as of its citizens. The Constitution is the true expression of the popular will since exponents of the various political creeds co-operated in framing the fundamental laws and practices that are to govern the operation of the Italian state, independently of political fluctuations. Its preservation is entrusted not to the citizens or to their representatives but to the Constitutional Court which it provides for.
In the new Constitution, Italy remains a unitary state. However, the structure of the state has undergone a change since the nineteen regions, which under the monarchy were only geographical divisions, have now been given constitutional autonomy in local matters. Thus within the state we now find the following territorial subdivisions: the regions, the provinces, and the communes.
The autonomy of the regions is local in the sense that their jurisdiction does not extend beyond their respective boundaries and is confined to the promotion of local interests. Their legislative function is restricted by the Constitution (article 117) to matters such as the boundaries of the communes, local urban and rural police, public fairs and markets, public welfare agencies, medical aid and hospitalization, trade schools and other special schools, provisions for school aid, local museums and libraries, tourist trade, public means of transportation such as street cars and bus lines, public works of regional interest such as the improvement of lake ports, highways, roads, and aqueducts. The regions are required to make provisions for securing obedience to state laws. The Italian state can assign other administrative functions to the regions. All matters of general interest, such as those which relate to the administration of justice, to the relations of citizens to the Italian state, and to administrative functions of a general character, fall within the province of the Italian state legislature.