The twelfth and final transitional provision of the Constitution prohibits any form of reorganization «of the dissolved fascist party».The guarantee provided by this provision is linear in the sense that the Constitution recognizes, in the perpetuation of the fascist conception, a threat to the republic and democracy.Nevertheless, the fact that, from an historical point of view, fascism can be considered a phenomenon of the past, does not prevent the legal scope of the provision from continuing to have its own value for the future, in the event that such movements should recur.The constitutional policy has devalued and reduced the exceptional scope of this self-defense. A regressive process, the latter, which has also affected the doctrine and jurisprudence. The neo-fascism is no longer perceived as a threat to democracy, as anti-fascism has ceased to be a value and a basis of the constitutional pact .The essay, based on data drawn from the Italian reality, but framed in the broader European context, aims to overturn the terms of the issue.
|Numero di pagine||0|
|Stato di pubblicazione||Published - 2014|