Gaspare Ambrosini
Encyclopedia
Gaspare Ambrosini was an Italian
jurist
and statesman
. He died in Rome
in 1986, less than three months away from his 100th birthday.
, played a noted role in the negotiation of the Treaty of Versailles
.
Ambrosini escaped having to align himself with the ideology of fascism
first by teaching colonial law and then by conducting extensive milestone studies on foreign federalism and abstract electoral systems.
After the end of World War II
, Ambrosini becomes a member of the Constitutional Assembly
and a key participant of the 18-member committee credited with the actual drafting of the Italian Constitution. He invented and introduced into the Italian Constitution the “regional state”, as an intermediary figure between the federal and the unitary state, in which regions have autonomy under the constitution rather than limited original sovereign power. This type of arrangement was foreshadowed in the 1924 Cadige constitution and was followed in a number of subsequent constitutions including the 1978 Spanish Constitution.
In 1946 Ambrosini was elected to the Italian House of Representatives where became the Chairman of its Foreign Relations Committee. In this capacity he played a key role in advocating Italy’s participation in the North Atlantic Treaty Organization and providing political and academic leadership in the creation of the European Community for Steel and Coal and the European Community for Atomic Energy. With his academic assistance, these two entities were conceived along the until-then unknown figure of a “super-national” international entity with limited but own sovereign powers. This novel idea was at the foundation of the subsequent process of integration leading first to the European Economic Communities (EEC) and then to the European Union
.
He also championed and justified with the UN
the Italian international protectorate over Ethiopia
which ended at the end of 1959.
In 1955 Ambrosini was elected by Parliament as a Justice of the Constitutional Court, of which he became the Chief Justice
in 1962 holding that position until the end of 1967. He is credited with watershed constitutional decisions which asserted the primacy of the Italian Constitution not only over the laws adopted by the democratic Parliament but also in respect of those passed during the preceding fascist period; as well as the primacy of European law over Italian law. In this latter respect the Italian Constitutional Court opened and paved the path soon followed by the German Constitutional Court and many years later by other European member of the EEC leading to primacy of European law over the law of any member states.
Until his death Ambrosini chaired a government institution which meticulously documented all Italian activities in Africa.
He left behind a rich legacy of more than 50 treaties and books on Italian and comparative constitutional law, international law, history of institutions of government and African studies. At the age of 86, he wrote and published his last treaty comparing the Italian constitution to the principles of the French revolution and the American independence. Having maintained his university tenure for over half a century, he shaped the thinking of three generations of Italian jurists.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and statesman
Statesman
A statesman is usually a politician or other notable public figure who has had a long and respected career in politics or government at the national and international level. As a term of respect, it is usually left to supporters or commentators to use the term...
. He died in Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
in 1986, less than three months away from his 100th birthday.
Career and contributions
In 1909 Ambrosini became the youngest professor of constitutional law of his times. In 1918, acting as private assistant to aging Italian Prime Minister Vittorio Emanuele OrlandoVittorio Emanuele Orlando
Vittorio Emanuele Orlando was an Italian diplomat and political figure. He was born in Palermo, Sicily. His father, a landed gentleman, delayed venturing out to register his son's birth for fear of Giuseppe Garibaldi's 1,000 patriots who had just stormed into Sicily on the first leg of their march...
, played a noted role in the negotiation of the Treaty of Versailles
Treaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...
.
Ambrosini escaped having to align himself with the ideology of fascism
Fascism
Fascism is a radical authoritarian nationalist political ideology. Fascists seek to rejuvenate their nation based on commitment to the national community as an organic entity, in which individuals are bound together in national identity by suprapersonal connections of ancestry, culture, and blood...
first by teaching colonial law and then by conducting extensive milestone studies on foreign federalism and abstract electoral systems.
After the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Ambrosini becomes a member of the Constitutional Assembly
Constitutional Assembly
The Constitutional Assembly was a body elected in 1955 to draw up a permanent constitution for the Republic of Indonesia. It sat between November 10, 1956 and July 2, 1959...
and a key participant of the 18-member committee credited with the actual drafting of the Italian Constitution. He invented and introduced into the Italian Constitution the “regional state”, as an intermediary figure between the federal and the unitary state, in which regions have autonomy under the constitution rather than limited original sovereign power. This type of arrangement was foreshadowed in the 1924 Cadige constitution and was followed in a number of subsequent constitutions including the 1978 Spanish Constitution.
In 1946 Ambrosini was elected to the Italian House of Representatives where became the Chairman of its Foreign Relations Committee. In this capacity he played a key role in advocating Italy’s participation in the North Atlantic Treaty Organization and providing political and academic leadership in the creation of the European Community for Steel and Coal and the European Community for Atomic Energy. With his academic assistance, these two entities were conceived along the until-then unknown figure of a “super-national” international entity with limited but own sovereign powers. This novel idea was at the foundation of the subsequent process of integration leading first to the European Economic Communities (EEC) and then to the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
He also championed and justified with the UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
the Italian international protectorate over Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
which ended at the end of 1959.
In 1955 Ambrosini was elected by Parliament as a Justice of the Constitutional Court, of which he became the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
in 1962 holding that position until the end of 1967. He is credited with watershed constitutional decisions which asserted the primacy of the Italian Constitution not only over the laws adopted by the democratic Parliament but also in respect of those passed during the preceding fascist period; as well as the primacy of European law over Italian law. In this latter respect the Italian Constitutional Court opened and paved the path soon followed by the German Constitutional Court and many years later by other European member of the EEC leading to primacy of European law over the law of any member states.
Until his death Ambrosini chaired a government institution which meticulously documented all Italian activities in Africa.
He left behind a rich legacy of more than 50 treaties and books on Italian and comparative constitutional law, international law, history of institutions of government and African studies. At the age of 86, he wrote and published his last treaty comparing the Italian constitution to the principles of the French revolution and the American independence. Having maintained his university tenure for over half a century, he shaped the thinking of three generations of Italian jurists.