Constitutions as incomplete social contracts

Abstract

Besides sharing a common cultural background, Italy and Spain also share a similar institutional framework. Both are unitary states in the European Union that have devolved responsibilities of mandatory services to be provided nationwide at the sub-national level within rules set at the Constitutional level. Both assign to the regional level - the Regioni and the two Province Autonome in Italy (Regions from now on), the Comunidades Autonomas (ACs) in Spain - the ability to legislate via own laws on specific matters within the rules defined by the Constitution. As for Italy, it is art. 117 of the 1948 Constitution, reformed in 2001, that defines matters on which the central government has the exclusive right to legislate, and matters on which it shares instead a joint right with regional governments. As for Spain, the art. 148 in the 1978 Constitution lists functions on which only the ACs can legislate, leaving to art. 149 those on which only the State can exercise this right.