L'epurazione della magistratura alla caduta del fascismo. Il Consiglio di Stato

CARDIA, MARIAROSA

2009-01-01

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Abstract

“A necessary, but impossible, purge?” is the question that - recalling Pietro Saraceno’s work - opens this volume, which analyses the purge process aimed at renewing, at the fall of fascism, one of the most established and prestigious judicial body: the Council of State. This research is a reflection upon one of the most discussed period of contemporary Italian history: the complex and delicate transition from the fascist institutions to the creation of a new democratic state. Such process was interweaved with the history of the Council of State, given its key role in the Italian constitutional history and its action in purging of public and private agencies. Through a careful analysis of contemporary documents – related to the Council of State as an institution, to the intricate steps of the sanctioning process and its legislation, and to the personnel files – the volume provides an answer to several questions regarding the effectiveness of the antifascist purge , and the relationship between the renewal of the Italian ruling élite and the future republican structure. This analysis is essential to understand the whole Italian history from mid-twentieth century to date, and the current reality of Italian institutions. The book includes an appendix with biographic dossiers on 75 magistrates, a statistical summary and some relevant documents. The work is a result of a larger study entitled “Epurazione della magistratura alla caduta del fascismo”, conducted as head of local unit of Cagliari, under the PRIN 2006 on “Judiciary and Politics in modern and contemporary State. Origins and historical developments of conflict between political power and judicial power”, coordinated by prof. Guido Melis.