The evolution of the Italian constitution in the relationship between citizen and state. From conflict to peace in Europe

This scholarly contribution provides an in-depth analysis of the legal and political evolutions that characterised Italy from the pre-unification period to the promulgation of the Republican Constitution of 1948. This study shows how Italy went from being a fragmented nation under the control of different states and religious influences to a democratic republic founded on principles of freedom, equality and social justice. The initial historical context is that of an Italy divided into a myriad of independent states, each with its own legal system, deeply influenced by the Catholic Church. The Church exercised significant control not only over religious matters but also over many civil matters. The Inquisition is illustrative of this control: through the systematic use of torture and capital punishment, the Inquisition aimed to extract confessions and punish those considered heretics. This practice reflected a culture of revenge, where punishment was used not only as a means of social control but also as an instrument of personal and collective vengeance against dissidents. This culture of revenge, rooted in the inquisitorial system, had a lasting impact on judicial practices and the perception of justice in pre-unification Italy. With the advent of fascism in 1922, Italy experienced an even more systematic repression of freedom of thought and expression. The National Fascist Party established a totalitarian regime that used censorship, propaganda and violence to consolidate its power and suppress any form of dissent. The press was put under tight control, opposition was violently repressed and propaganda became a central tool to manipulate public opinion and legitimise the regime. Episodes such as the murder of Giacomo Matteotti and the persecution of intellectuals like Antonio Gramsci highlight the brutality of the regime and its determination to eliminate all forms of resistance. Despite the repression, the desire for freedom and justice lived on among the Italian population. The Italian Resistance, made up of different political forces, was crucial in the fall of fascism and the restoration of democracy. With the end of the Second World War, Italy embarked on a path of democratic reconstruction that culminated in the adoption of the 1948 Constitution. This document enshrined the fundamental principles of the new Italian Republic, including freedom of thought and expression, political participation and the repudiation of war. The Constitution reflected a commitment to overcome the culture of revenge and to promote justice based on re-education and respect for human rights. In this context of transition and reconstruction, polyvagal theory offers an interesting key to understanding the psychological and social dynamics behind the change. The polyvagal theory, developed by Stephen Porges, suggests that the autonomic nervous system plays a crucial role in the behavioural responses of individuals, especially in situations of stress or threat. According to this theory, the ability to feel safe and socially connected is fundamental to the healthy functioning of individuals and communities. Applying this theory to the post-war Italian context, we can see how the construction of a new national identity and democratic institutions aimed at creating a sense of collective security and belonging, which is fundamental for stability and social cohesion. The transition from the totalitarian fascist regime to a multi-party democratic system represented a significant transformation in the Italian political landscape. The new Constitution and the introduction of a multi-party system allowed for the birth and development of different political parties, each representing different ideologies and interests. This pluralism enriched the political debate and contributed to greater democratic participation. However, competition between parties often turned into heated antagonism, complicating the functioning of democratic institutions and leading to periods of governmental instability.