_________________________________________________________________________Swansea University E-Theses The Lateran Pacts and the debates in the Italian Constituent Assembly with reference to religious freedom, and the consequences for religious minorities (1946-1948). Thomas, Huw Martin How to cite: _________________________________________________________________________ Thomas, Huw Martin (2005) The Lateran Pacts and the debates in the Italian Constituent Assembly with reference to religious freedom, and the consequences for religious minorities (1946-1948).. thesis, Swansea University. http://cronfa.swan.ac.uk/Record/cronfa43092 Use policy: _________________________________________________________________________ This item is brought to you by Swansea University. 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Please link to the metadata record in the Swansea University repository, Cronfa (link given in the citation reference above.) http://www.swansea.ac.uk/library/researchsupport/ris-support/ The Lateran Pacts and the debates in the Italian Constituent Assembly with reference to religious freedom, and the consequences for religious minorities (1946-1948) Huw Martin Thomas Submitted to the University of Wales in fulfilment of the requirements for the Degree of Doctor of Philosophy University of Wales Swansea 2005 ProQuest Number: 10821484 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10821484 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 l ib r a r y Summary The thesis is a detailed study of the debates of the Italian Constituent Assembly on the question of the inclusion of the Lateran Pacts of 1929 and the constitutional and practical ramifications with regard to the condition of the religious minorities. Section A briefly outlines the changes in the role of the papacy from the mid 19th century until the end of World War II, the emergence of political Catholicism and the significance of the Lateran Pacts. Religious freedom for Protestants over the same period is then discussed, focussing in particular on their legal position. This is followed by an analysis of Catholic religious freedom as established by the Catholic Church and of the relationship between the Vatican and the Christian Democrats. In Section B the debates on the articles dealing with the inclusion of the Lateran Pacts and religious freedom for the minority religions are discussed. Draft article 5 of the Constitution is the basis for the analysis, the individual clauses of which have been treated separately. Methodologically, this was the most appropriate way of tackling the extremely complex issues linked to the various clauses. In Section C, the most significant conclusions to emerge are the determination with which the Catholic deputies fought for the inclusion of the Pacts, frequently using religious arguments while ignoring juridical advice, and the Communist leadership’s decision to vote with the Christian Democrats for inclusion of the Pacts. For the minority religions, the crucial factor in their continued oppression after the war, apart from the Communist’s decision, was the lack of will in the Assembly to draw up clear guidelines that would allow for changes in the Fascist legislature that controlled the actions of the minority religions, thus ensuring that their struggle for religious freedom would continue. 2 Declaration and Statements DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed .............................................................................(candidate) Date ................................................................................ STATEMENT 1 This thesis is the result of my own investigations, except where otherwise stated. Other sources are acknowledged by footnotes giving explicit references. A bibliography is appended. Signed .............................................................................(candidate) Date ................................................................................ STATEMENT 2 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed .............................................................................(candidate) Date ................................................................................ 3 CONTENTS 2 Summary 3 Declaration and Statements 4 Contents 7 Acknowledgements 8 Introduction 10 SECTION A: ISSUES PRIOR TO THE DEBATES 10 A l) The Papacy in a changing world 10 (0 The Roman Question 11 (>i) The centralisation of Papal authority 12 (iii) Catholic Action 13 (iv) The emergence of political Catholicism 15 (v) The Partito Popolare 17 (vi) The Lateran Pacts 25 (vii) After Fascism 28 A2) Religious freedom for Protestants 28 (i) The legal position of protestant denominations prior to Fascism 29 a) The Albertine Statute 31 b) The ‘Law of Guarantees ’ 32 c) The 1889 Public Security Law 33 (ii) Protestants and the Fascist regime 33 a) The ‘culti ammessi ’ laws 37 (iii) Repression of the Protestants 38 a) The Regime's directives 47 b) The manoeuvring of the Catholic organisations 51 c) The actions of the Protestant minorities 56 A3) Religious freedom for Catholics 56 (0 The Vatican on ‘religious freedom’ 58 (ii) The Catholic Church as an ‘ordinamento originario’ 60 (iii) The role of concordats 64 (iv) Catholic social and political ideologies: their roots in papal encyclicals 64 a) Integralismo 65 b) Laicita and laicismo 67 c) Personalismo 69 (v) Anticlericalism and antichristianism 74 (vi) Montini, the dossettiani and De Gasperi 78 (vii) An uncomfortable coalition: the Vatican and the Dc in the new 78 a) The vision of the ecclesiastical hierarchy 83 b) The vision of the political hierarchy 92 c) The vision of Catholic Action 98 SECTION B: THE CONSTITUTIONAL DEBATES ON DRAFT ARTICLE 5 98 (i) How the Constituent Assembly was set up 103 (ii) Some preliminary observations 107 (iii) A Christian Democrat agenda 4 109 Bl) Draft article 5, clause 1 109 (i) The Church as an ‘ordinamento originario’ 119 (ii) Sovereignty of Church and State 124 (iii) Privilege of the Vatican in Italy 125 (iv) Delineating the legislative powers of Church and State 130 (v) Separation of the powers of Church and State 131 (vi) ‘Laicismo’, Taicita’ and the ‘stato laico’ 133 (vii) Defining Church State relations 135 (viii) Is clause 1 constitutionally sound? 137 B2) Draft article 5, clauses 2 and 3 137 a) The Constitution and the Lateran Pacts: 137 (i) The origins of the debate 139 (ii) The evolution of article 5, clauses 2 and 3. 142 b) Political considerations 142 (i) The legacy of the Albertine Statute: a confessional state? 152 (ii) Italy's Catholic majority 157 (iii) Sovereignty 159 (iv) The diarchy theory 162 (v) Church and Dc pressure on the Assembly 171 (vi) Public interest in the Pacts 172 (vii) The ‘termini concordatari’ issue 175 (viii) Fascist origins 180 c) Religious considerations 181 (i) The ‘pace religiosa’ and ‘coscienza degli italiani’ issues 197 (ii) Church interference in State affairs 198 (iii) Catholic liberty 201 a) A view from the Catholic left 205 b) The mainstream Catholic view 208 d) Legal considerations 208 (i) Problems with the Treaty and Concordat 219 (ii) Overlap of ecclesiastical and state legislature 223 (iii) Amendments to the Pacts 235 (iv) Constitutionalisation of the Pacts 243 B3) Draft article 5, clauses 4 and 5 243 (i) Religious freedom as a liberty 251 (ii) Equal for rights for all religions 258 (iii) The confessional State and the minorities 260 (iv) The position of the Catholic Church inrelation to the other churches 261 (v) Problems faced by the minority churches: 261 a) The education issue 262 b) Institutional paranoia 264 c) Interference by the Catholic Church 265 d) Interference by the State 267 (vi) Draft article 14 and the difficulty of the ‘buon costume’ and ‘ordine pubblico’ issues 269 (vii) The Protestants and the Constituent Assembly 277 (viii) The ‘other’ minority churches 5 282 SECTION C CONCLUSIONS: THE AFTERMATH OF THE CONSTITUTION 282 (i) A new democracy? 285 (ii) An effective Constitution? 286 (iii) The response of the confessions 286 a) The Catholic Church 288 b) The Protestant churches 292 (iv) The problem of unifying the legal