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Published online by Cambridge University Press: 01 August 2014
Signor Mussolini's unequivocal refusal to cooperate in M. Briand's proposal of a United States of Europe and the intransigent policy adopted by Italy at the London Naval Conference of 1930 have again directed attention to the power which the Italian dictator possesses over the foreign policy of his country. The constitutional measures by which he has attained, and now holds, this power throw much light upon the Fascist régime.
In Italy, as elsewhere in Europe, the conduct of foreign policy has been vested in the executive, subject to but few constitutional limitations. However, whereas most European constitutions confer upon the legislature an ultimate control over the foreign policy of the government, this has never been the case in Italy. The Statuto of March 4, 1848, which today remains the nominal fundamental law, endowed the king with almost exclusive jurisdiction over foreign relations. It is the king who “commands all land and naval forces; declares war; makes treaties of peace, alliance, commerce, and other treaties, communicating them to the house as soon as the interest and security of the state permit,” subject only to the limitation that “treaties involving financial obligations or alterations of the territory of the state shall not have effect until after they have received the approval of the houses.” Under the system of ministerial responsibility originally established, these powers came to be exercised by the ministers, the king personally assuming the familiar position of the constitutional monarch.
1 Statuto, Art. 5. Trans. in Dodd, W. F., Modern Constitutions (Chicago, 1909), II, 5Google Scholar.
2 Statuto, Art. 67.
3 Crandall, S. B., Treaties, Their Making and Enforcement (2nd. ed., Washington, 1916), 320–323Google Scholar; Michon, L., Les traités internationaux devant les chambres (Paris, 1901), 373–389Google Scholar; Cmd. 6102 (1912), 13; Cma. 2282 (1924-25), 31.
4 Esmein, A., Éléments de droit constitutional française et comparé (8th ed., Paris, 1927), II, 201Google Scholar.
5 Miceli, , Il trattato italo-ethiopieo e diritto pubblico (Perugia, 1890), 19ff.Google Scholar
6 Art. 2. Gazzetta ufficiale (hereafter cited as G. U.), 1925, No. 2263; La legislazione fascista (Rome, 1929), I, 29Google Scholar.
7 G. U., 1928, No. 2693; La legislazione fascista, I, 111–110Google Scholar; French text in L'Europe nouvelle, January 19, 1929; see also Spencer, H. E., “Political Developments in Italy,” is this Review, February, 1929Google Scholar.
8 G. U., 1926, No. 100; French text in 54 Annuaire de législation étrangère, 57.
9 La legislazione fascista, I, 75ff.Google Scholar
10 The Italian “decree” used in this sense is synonymous with the French décret and the German Rechtsverordnung.
11 On the law of January 31, 1926, see the interpretative articles in 18:1 Rivista di diritto pubblico, 49-64, 165-178, and 308-333.
12 League of Nations, Treaty Series (hereafter cited L.N.T.S.), XXXVI, 380Google Scholar ratified by Italy August 15, 1924 (decree-law no. 1547); ratifications exchanged May 1, 1925; submitted to the legislature for approval by law of July 15, 1926, no. 1587. This treaty incidentally throws light upon British practice, since the statute 15 Geo. V, c.7. was enacted before its ratification by Great Britain. See McNair, A., “When Do British Treaties Involve Legislation?,” British Yearbook of International Law (1928), 58–68Google Scholar.
13 L.N.T.S., XXIV, 32, ratified February 22, 1924, with legislative approval following on July 10, 1925 (no. 1512).
14 No. 851, following the law of May 27, 1929 (no. 810).
15 Bollettino parlamentare, December, 1929, 760nGoogle Scholar. The handling of these treaties is an excellent illustration of parliamentary practice. The government project of law was presented to the Chamber on April 30, 1929; a special committee was appointed for its consideration, resulting in a report by Signor Solmi on May 10; legislative discussion took place on May 10-14, when the Chamber gave its approval. The project was received by the Senate on May 16; reported on May 23 by Signor Boselli; discussed May 23-25; and approved on the latter date. The approved project became the law of May 27, 1929 (no. 810), upon signature by the king, who then issued a royal-decree of the same date (no. 851) ratifying for Italy all of the agreements. Ratifications were exchanged at the Vatican on June 7, 1929. (A French text of the law of May 27, 1929, appears in L'Europe nouvelle, June 29, 1929).
In addition to the law authorizing ratification, several other laws were approved on May 27 relative to the marriage provisions of the Concordat (no. 847), and relative to the relations between ecclesiastical and civil officers (no. 848). Appointment of an ambassador to the Holy See necessitated the royal-decree of June 17, 1929 (no. 1146). The circolare of June 20 issued by the minister of justice (Rocco) carried into execution the penal provisions of the Concordat (Bollcttino Ufficiale of the Minister of Justice, no. 21 of 1929). Military provisions of Art. 3 of the Concordat were specified in the circolare of the minister of war (Mussolini) July 18, 1929 (no. 419), Giornale Militare Ufficiale, disp. 38a of 1929.
16 The Geneva Protocol of October 4, 1922 (L.N.T.S., XII, 392), guaranteeing a loan to be used in the financial reconstruction of Austria was not made contingent upon ratification; government approval was indicated by its decree of January 7, 1923 (no. 411), but formal legislative approval was not given until February 10, 1927 (law no. 2173). The war debt agreements with the United States (November 14, 1925, 69 Cong. 1 Sess, Sen. Doc. 3) and with Great Britain (January 27, 1926, Cmd. 2580) were reached by an exchange of notes without ratification. Legislative approval was ultimately given to both by the laws of February 14, 1926 (nos. 246 and 180 respectively).
17 L.N.T.S., XCIV, 423, ratified August 3, 1929, following the law of July 8, 1929 (no. 1299).
18 L.N.T.S., LXXVIII, 383, ratified July 16, 1928, following the law of June 7, 1928 (no. 1291).
19 L.N.T.S., LXIX, 341; approved by the law of December 18, 1927 (no. 2633), and ratified on December 23, 1927.
20 L.N.T.S., LXXXVII, 109; approved by the law of December 31, 1928 (no. 3345), and ratified on February 18, 1929.
21 L.N.T.S., LXXXVII, 277; approved by law on December 31, 1928 (no. 3422), and ratified on February 27, 1929.
22 L.N.T.S., XCV, 183; approved by law on December 31, 1928 (no. 3495), and ratified on April 29, 1929.
23 L.N.T.S., XCV, 257, 373; approved by law on June 27, 1929 (no. 1033), and ratified on June 29, 1929.
24 Giolitti, G., Memoirs of My Life (London, 1923), 415Google Scholar, explains his object in introducing the proposal of June 24, 1920.
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