This article examines the relationship between anti-fascism, the Italian Resistance, and the constitutional recognition of fundamental rights in post-war Italy. It analyzes the legal and political crisis produced by the Fascist regime, highlighting the systematic erosion of the rule of law, individual freedoms, and democratic institutions. Against this background, the Resistance is presented not only as a military and political movement but also as the driving force behind a renewed constitutional culture founded on democracy, liberty, and the protection of human dignity. Drawing on legal writings, archival sources, and political documents, the article reconstructs the transition from dictatorship to constitutional democracy and explores the enduring connection between the memory of the Resistance and the principles embodied in the Italian Constitution. It argues that the Constitution represents the most mature expression of the anti-fascist experience, transforming the struggle for liberation into a lasting framework for the protection of fundamental rights and democratic values.
Antifascismo e Costituzione. La resistenza italiana e l’affermazione delle libertà fondamentali
STEFANO VINCI
2026-01-01
Abstract
This article examines the relationship between anti-fascism, the Italian Resistance, and the constitutional recognition of fundamental rights in post-war Italy. It analyzes the legal and political crisis produced by the Fascist regime, highlighting the systematic erosion of the rule of law, individual freedoms, and democratic institutions. Against this background, the Resistance is presented not only as a military and political movement but also as the driving force behind a renewed constitutional culture founded on democracy, liberty, and the protection of human dignity. Drawing on legal writings, archival sources, and political documents, the article reconstructs the transition from dictatorship to constitutional democracy and explores the enduring connection between the memory of the Resistance and the principles embodied in the Italian Constitution. It argues that the Constitution represents the most mature expression of the anti-fascist experience, transforming the struggle for liberation into a lasting framework for the protection of fundamental rights and democratic values.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


