Il presente e la storia : limiti tra diritto e politica nel divieto di ricostituzione del partito fascista

Abstract

The XII rule of the constitution establishes the prohibition on the reorganization of "the dissolved fascist party". The guarantee appears linear: in the sense that the Constitution recognizes a threat to its very existence in the perpetuation of the fascist concept, objectively incompatible with the republican and democratic regime. Nonetheless, the fact that from a historical point of view, fascism can today be considered a phenomenon of the past does not prevent the legal scope of the provision from continuing to apply into the future, in the event that movements of this type may recur.