IN THE WORLD OF JUSTICE: FRACTURES AND CONTINUITY BETWEEN FASCIST REGIME AND DEMOCRATIC ORDER

Paradoxical as it may seem, for some decades after the fall of Fascism in the world of justice, radical fractures coexist with respect to the regime and iron continuity in the structure of the order, in men (women did not enter the judiciary until 1964) and in the operative practices of the Italian judiciary. In order to realize how profound the contradiction between fractures and continuity was, it will be necessary to recall in summary terms the state of justice in the Fascist regime, which in turn was in terms of substantial continuity with the liberal state. The judiciary enjoyed neither external independence from the executive power, nor internal independence from the heads of the judiciary and the heads of offices. In particular, the Public Prosecutor's Office was directly dependent on the Minister of Justice; as for the judiciary, the powers relating to legal status (entry into career, seat assignment, transfers, promotions, managerial posts, disciplinary action) were exercised by the Minister of Justice or by commissions of senior magistrates set up within the Ministry. [more].