Il dovere d’istruzione e di educazione nello Stato costituzionale: la comunità educante come dovere della Repubblica

The essay examines the duty of instruction and education as a structural pillar of the constitutional State, restoring the central role of constitutional duties as instruments of democratic cohesion and integration. After reconstructing the historical development of compulsory education in the pre-republican era and its instrumentalization during Fascism, the analysis focuses on the turning point introduced by the 1948 Constitution, which frames education both as a fundamental social right and as a binding duty primarily incum- bent upon the Republic. Through a systematic reading of Articles 2, 3, 30, 33 and 34 of the Constitution, the essay shows how compulsory and free primary education forms part of a broader constitutional pact grounded in solidarity and substantive equality. The individual duty to receive educa- tion is constitutionally legitimate only insofar as it is supported by the State’s prior duty to ensure effective and equal access. The essay finally addresses current implementation challenges and proposes the notion of the “educating community” as a shared constitutional responsibility and a precondition for constitutional citizenship.