A constitution for the regime? 1940: outbreak of the war and raise of the conflict between the fascist party and legal culture
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DOI:
https://doi.org/10.63277/gsc.v39i.4460Abstract
Suggested by some sources produced between the end of 1939 and the middle of 1941, this article aims to map and to counterpoint a collection of historic events concerning the growing contrast between the fascist party’s integralists and the legal culture’s personalities who tried to extend a ‘sanitary cordon’ around the last remains of the legal State and of the individual liberties. Proposals for writing down a new constitution to block further reforms in order to transform the Italian State in a State-DUX according to the German model, went together with proposals of interpreting some characters of the fascist public law in accordance with criteria that could save the residual elements of a legal State.

