Affinché ogni cittadino possa prenderne cognizione | Alfonso Celotto | TEDxPavia

Key Concepts

• Costituzione (Constitution): The fundamental law of a country, not just a piece of paper but a living document that shapes society and democracy.
• Cittadino (Citizen) vs. Suddito (Subject): The shift from being subjects ruled by an absolute state to citizens with rights and participation.
• Democrazia (Democracy): A system powered by its citizens, requiring their active participation and understanding.
• Suffragio Universale (Universal Suffrage): The right of all adult citizens to vote, including women, a significant achievement of the post-war era.
• Linguaggio Chiaro e Accessibile (Clear and Accessible Language): The principle of using common words and simple sentence structures in legal and constitutional texts to ensure understanding by all citizens.
• Stato Sociale (Welfare State): The role of the state in providing essential services like education, healthcare, and social security, funded by taxes.
• Senso Civico (Civic Sense): The importance of citizens understanding and valuing their constitution and participating actively in democratic life.

The Constitution: More Than Just Paper

The speaker begins by challenging the perception of the Constitution as a dry, academic document, emphasizing that it is a vital force that has fundamentally changed Italy. He asserts that the freedom to gather and express oneself is a direct result of the Constitution, which he likens to the "engine of democracy." The "fuel" for this engine, he argues, is not a technical substance but the citizens themselves, highlighting a paradox: while the Constitution empowers citizens, many no longer participate by voting, citing the low turnout (40%) in regional elections.

A Look Back: Italy in 1946

To understand the Constitution's significance, the speaker takes the audience back to 1946. He paints a stark picture of post-war Italy:

• Rationing: Citizens carried "tessere annonarie" (ration cards) for essential goods like bread, and milk was only available to children with a doctor's prescription.
• Illiteracy: One-third of Italians could only write their name, indicating a widespread lack of education.
• Social Conditions: The country was described as a place of "ladri di biciclette" (bicycle thieves), with lingering social divisions reminiscent of the "Peppone and Don Camillo" era, and a populace influenced by superstitions and fear of communism.
• Devastation: Italy was emerging from a devastating war, leaving it destroyed, poor, and illiterate.

The Birth of the Constitution: From Subjects to Citizens

In this challenging context, Italy faced a crucial decision: to establish a new form of governance. The speaker emphasizes that the Constitution's ultimate goal, as stated in its final article, is for "every citizen to be able to take cognizance of it." The key word here is "citizen," a stark contrast to the previous state of being "subjects."

• Subjects: Under the old regime, the ruler (like Louis XIV's "L'État, c'est moi" - "The State, it is I") considered everything, including the people, as their property.
• Citizens: In contrast, citizens participate and, to participate effectively, they must be informed.

The speaker illustrates this by referencing the pre-Constitution era where school attendance was not mandatory beyond two years, and many children were forced to work instead of receiving an education, echoing the conditions described in Verga's "Rosso Malpelo."

The Constituent Assembly: A Diverse Body

The task of drafting the Constitution fell to the Constituent Assembly, comprised of 556 citizens, notably including 21 women for the first time, elected through universal suffrage on June 2, 1946. These individuals felt the immense responsibility of crafting a precise and understandable document, akin to an "orafo's scale" (a jeweler's precise scale).

The Assembly was a diverse group, bringing together:

• Young Politicians: Figures like Andreotti and Moro.
• Partisans: Leaders such as Pertini and Saragat.
• Elder Statesmen: Benedetto Croce and Nitti from the liberal state era.
• Intellectuals: Concetto Marchesi, a renowned Latinist and rector of the University of Padua, who had courageously spoken out for freedom in 1943 and gone into hiding.

The "Three Rules" for Clear Constitutional Language

Concetto Marchesi, despite his academic background, advocated for a Constitution written in plain Italian, not "burocratese" (bureaucratic jargon). He enlisted two friends, Piero Pancrazzi and Antonio Baldini, to establish three simple rules for writing:

1. Sentence Length: Sentences should be a maximum of 20 words.
2. Punctuation: Each sentence should contain only one main clause and one subordinate clause, avoiding unnecessary insertions.
3. Vocabulary: Use common, everyday words to ensure the language is alive and democratic.

Examples of this clear language are cited:

• "La libertà personale è inviolabile." (Personal liberty is inviolable.)
• "La funzione legislativa viene esercitata collettivamente dalle due camere." (The legislative function is exercised collectively by the two chambers.)
• "Il giudice è soggetto soltanto alla legge." (The judge is subject only to the law.)

The speaker notes that the Constitution contains only three adverbs, and "soltanto" (only) in Article 101 is strategically placed to emphasize that a judge's sole allegiance is to the law, a powerful statement of judicial independence. He contrasts this with the "antilingua" (anti-language) described by Italo Calvino, where bureaucratic language obscures meaning and distances officials from citizens.

The Role of Education and the Welfare State

Piero Calamandrei is quoted as saying that the most important organ in that era was not Parliament, but the school, as it transforms subjects into citizens. This led to the establishment of eight years of compulsory schooling. Initially, even the police had to escort children to school because they were needed for labor.

Article 3 of the Constitution, which states it is the Republic's duty to remove obstacles, is directly linked to the development of the welfare state. This is achieved through:

• Education
• Transportation
• Healthcare
• Social Security
• Assistance

These five pillars represent a significant public expenditure (600 billion, though the figure is presented as a general magnitude) funded by taxes. The speaker defends taxation, referencing former minister Padoa Schioppa's statement that "taxes are beautiful," because they enable services like affordable public transport, ensuring the state remains "the state of everyone," the "state of citizens."

The Constitution's Enduring Message

Despite its brevity (139 articles, 1357 vocabulary, 9300 words – comparable to two newspaper articles), the Constitution provides the bedrock for democratic life. Key changes it brought about include:

• Freedom of Expression: Article 21 guarantees the freedom to express one's thoughts in any form.
• Voting Rights: Article 48 establishes personal, free, equal, and secret voting. Crucially, it explicitly states, "All citizens, men and women, are electors," rectifying the historical exclusion of women from voting, a right they had earned through their wartime contributions as workers and partisans. This contrasts with Aristotle's view that women belonged to the domestic sphere ("oikos") while men belonged to the public sphere ("polis").

The speaker expresses his personal passion for the Constitution, dedicating himself to its dissemination through various media. He believes that understanding these 9300 words is essential for fostering civic sense, which is often taken for granted.

The "Most Beautiful Constitution in the World"

While acknowledging the difficulty of ranking constitutions, the speaker asserts Italy's is among the best. He then revisits the 1946 referendum on the monarchy versus the republic, noting the close result (approximately 12 million to 10 million). He highlights the democratic significance of this choice, where despite differing opinions, the nation unified under the republic. He contrasts this with referendums in Bulgaria (96% to 4%) and Spain under Franco, where the outcomes were less indicative of genuine democratic choice.

The Legacy of Sacrifice and Courage

The speaker concludes by emphasizing that the Constitution is not merely a piece of paper but a testament to the sacrifices made during the war. He poses a question: did Italy win or lose World War II? He suggests it was a "pareggiata" (a draw), but its status as a co-belligerent allowed it the right to draft its own constitution, unlike Germany and Japan, as noted by Piero Calamandrei. This "great act of courage" led to freedom and democracy. The speaker urges everyone to actively live and defend this freedom daily, lest it be lost unnoticed. He ends by expressing gratitude to his audience for attending his lecture at 10 PM, a testament to their engagement with constitutional law.