Fascism And The Italian Constitution

The current Italian constitution came into effect on 1st January 1948 and it was integral to Italy’s progression away from Fascism. After years of totalitarian rule under the dictatorship of Benito Mussolini, the clear aspiration of constitutional change was to create a ‘viable democratic regime that would embrace all citizens’ (Pasquino, 2000: 71). The new constitution, therefore, paid particular attention to democratic practices and put in place necessary checks in order to guarantee them. This essay will consequently analyse the constitutional changes made to the role of Head of State, Parliament and human rights and consider why these changes were necessary. I will also explore the political choices and constitutional checks that prevent
The Italian constitution, therefore, outlines these rights in meticulous detail and highlights their importance (Italian Constitution, 1948: title I, till II). As a response to the injustice and violence that dominated the fascist regime, article two of the constitution both demonstrates that the Republic recognises the value of ‘inviolable rights of the person’ and guarantees them (Italian Constitution, 1948: art. 2). This prevents the violation of human rights in the way that the Fascist regime did. Under Mussolini, for example, the Blackshirts, a ‘fascist squad, armed and in uniform, killed, maimed and destroyed property with very little intervention from the state’, who sometimes even encouraged this violence (Foot, 2003: 56, 82). Therefore, the current constitution further safeguards civilians from this type of violence in protecting the inviolability of the home and personal liberty (Italian Constitution, 1948: art. 13, art. 14). These articles are necessary checks in the constitution which guarantee basic human rights and prevent the return to totalitarianism in prohibiting the use of violence to gain political support as the Blackshirts did. Furthermore, the fascist regime also violated human rights through its treatment of the Jews. Unlike Hitler, Mussolini’s anti-Semitism was never at the core of his belief and he exempt Jewish war veterans from anti-Semitic legislation (Neville, 2004: 117, 118). Nevertheless, in 1938, a law on the provisions for the defence of the Italian race was passed which severely limited Jewish liberties, prevented Jews from having certain jobs and violated their basic rights. (Law No. 1728, 1938). Consequently, in order to prevent racial persecution in the future, the Italian constitution prioritises equality in ensuring the equal social dignity of all citizens without distinctions (Italian Constitution, 1948: art. 3). However, after signing the Treaty of