A constitution for the regime? 1940: outbreak of the war and raise of the conflict between the fascist party and legal culture

Published

2026-01-13

Issue

Section

Ricerche

DOI:

https://doi.org/10.63277/gsc.v39i.4460

Authors

  • Claudia Storti Università di Milano

Abstract

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.

Author Biography

Claudia Storti, Università di Milano

Prof.ssa ordinaria di storia del diritto medievale e moderno, Dipartimento di diritto pubblico italiano e sovranazionale.