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The article in question was published in the newspaper “Il Risorgimento. Giornale politico” on 6^th April 1848.

This is one of the many articles with constitutional content published by the famous Turin newspaper, founded by Camillo Cavour and Cesare Balbo and published from 15^th December 1847 until 31^st December 1852.

The newspaper had a moderate position and was appreciated for its articles aimed at analyzing and interpreting the rules of the Statuto Albertino (Constitution of Sardinian Reign and, then, Constitution of Italian Kingdom) which came into force on 4^th March 1848. The publication of the newspaper was suspended with the beginning of the ministerial activity of the great statesman Camillo Cavour.

The role of the Monarch in representative government

The role of the Crown in a representative government is the central point and is probably the most debated issue in the subalpine constitutional experience. According to article 4 of Statuto Albertino the person of the king is sacred and inviolable. Article 5 establishes that «executive power belongs to the King alone». Therefore, the ministerial accountability, enshrined in article 67 («I Ministri sono risponsabili. Le Leggi e gli Atti del Governo non hanno vigore, se non sono muniti della firma di un Ministro/The Ministers are responsible. Laws and Acts of the Government have no legal soundness unless they are signed by a Minister»), could be understood as a consequence of the principle of the King's no-responsibility. While the Crown was considered politically and juridically not responsible, the Ministers that signed the acts were.

Political and legal accountability

The article considered ministerial responsibility as the link that unites freedom to power and indicated public opinion as the judge in this matter.

Specifically, the idea of ​​a  joint liability of the Ministers is contested. This is confirmed by the observation that in the collegial bodies there cannot be any unity but rather the decisions are made by a majority of the voters.

Lastly, questions are raised about the advisability of adopting an ordinary law that better regulates the matter of ministerial responsibility. According to the newspaper, the adoption of a specific law is possible and desirable. However, the compilation of law presents very serious difficulties and must respect the sovereign prerogatives and the autonomy of the public administration.

While waiting for such a law to be adopted, the article identifies two guarantees so that the principle of ministerial responsibility enshrined in the Constitution is effective. The first guarantee consists of a Consiglio di Stato (Council of State) which has the power to veto all matters of any importance. The second guarantee lies in the principle that every public official is responsible for their own actions.

In accordance with the principles set out in this article, Camillo Cavour, who became Prime Minister, adopted a reform of the administration in 1853. Law of 23^th March 1853, n. 1483, and R.d. of 23^th October 1853, n. 1611, constituted the fundamental legislative acts. During the legislative reform process, Cavour declared in Parliament that the Savoy administrative order was in conflict with the new constitutional rules. The cardinal principle underlying Cavour's reform was that of ministerial responsibility.

On these aspects and for further information, see a recent book (2019) Il governo rappresentativo. Cultura politica, sfera pubblica e diritto costituzionale nell’Italia del XIX secolo (The representative government. Political culture, public sphere and constitutional law in 19th century Italy), written by Dr. Giuseppe Mecca.

ReConFort / Dr. Mecca