Sergey Danilov

The Juridical Aspects of Overcoming Dictatorial Legacy: Italian Experience

2016. No. 3. P. 206–218 [issue contents]
Purpose of the work is a study in transition from dictatorship of Mussolini to constitutional democracyin Italy in 1940s. The article is fulfilled on the basis of combination of chronological, comparativeand system methods of scholar research. It is emphasized that the transition mentioned took place inquite unfavorable historical situation on World War II, foreign occupation of most country and post-wardistemper. Author explores political and juridical achievements of Italian non-fascist, then anti-fascistTemporary government, analyzes scrupulously its legal acts aimed at eliminating dictatorial legaciesand restoring constitutionalism. The article contains an evaluation of repressions against leaders andsupporters of dictatorial rule in the process of liberating country. Also author proposes to look at keyaspects of changing institutions of traditional dualistic monarchy for democratic republic, too. Authorputs high marks to Italian lawyers, army officers, politicians and common people for the transition, morefruitful in comparison with German one. He proposes to see fundamental reasons of successful antidictatorialrenovation of Italian state and society in the developed legal heritage of Roman-German lawand in the loyal cooperation of non-fascist sociopolitical forces from Monarchists to Anarchists withintemporary government and beyond it.
Citation: Danilov S. (2016) Pravovye aspekty preodoleniya naslediya diktatury: iz opyta Italii [The Juridical Aspects of Overcoming Dictatorial Legacy: Italian Experience]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 206-218 (in Russian)
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