이탈리아의 국가긴급권에 관한 연구 = A Study on the National Emergency Power in Italy

다국어 초록 (Multilingual Abstract)

Italy had clearly accepted the substantial law of nation’s emergency competence in the late 1926. The constitution of Sardegna kingdom(1848), which later on became the constitution of the kingdom of Italy, had no provision about the emergency situations. However, then an earthquake or a riot took in place, state of seige (stato di assedio) was declared. The declaration of state of seige was disregarded from the law but it was always accomplished by ac edict of emergency order(decreto reale). As a custom, emergency order obtained the Parliament``s approval after the situation. The exercise of the emergency power was not based on these legislations but it was resolved by an Act of 1926. 1. 31. established by Mussolini which is about the authority of the executive related to the regime of legislation. From this act, the establishment of imperial order in emergency was stipulated in terms of obtaining espost facto approval. In the same year, Public Safety Act was established. In 1931, Law of War and Neutrality Acts were enacted and the special authorities of the chief executive of Home Affair in status of public peril, former governor and the army in state of war were legislated. In the establishment of new constitution after the war, as the regulation of temporary measure in Article 77 the emergency order was included to the legislation in the form of strict approval required from the Parliament. In addition the Article 78 has regulated the delegation of power to the government by the Parliament in the situation of war.