Le formule e il dovere: il secondo comma dell’art. 54 Cost. e il giuramento nel diritto pubblico

Abstract

This article explores the legal nature, historical evolution, and constitutional implications of the oath in Italian public law, with particular reference to Article 54(2) of the Constitution. It provides a detailed classification of oaths—assertory and promissory, private and public—and highlights their symbolic, legal, and moral functions within the democratic state. Special attention is given to constitutional provisions requiring oaths (Articles 54, 91, 93, and 135), as well as the legislative developments that have implemented them across public offices, military roles, and professional functions. Through an extensive analysis of historical practices, statutory norms, and constitutional jurisprudence, the article investigates the coherence and discrepancies among various oath formulas. It questions the rationale for their diversity and addresses potential constitutional tensions, such as the requirement to swear fidelity to laws by those empowered to amend or annul them. Ultimately, the study reflects on the oath as a complex act—simultaneously legal, ethical, and performative—serving not merely to bind, but to signify a deeper allegiance to constitutional values and public responsibility.