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The judicial system of fascist Italy

Wang, Dih (1939) The judicial system of fascist Italy. PhD thesis, The London School of Economics and Political Science (LSE).

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Abstract

The thesis gives an account of the main features of the Judicial system of Fascist Italy. In the first chapter, Fascist "law and Justice” as an admixture of "new" and "old" conceptions, are generally discussed. The "Jurisdictions” of the law courts are described and a detailed account Is given , of "The Ministry of Justice" which is one of the thirteen I i State departments responsible for the administration of the law as well as legislation In the field of legal administration, There follows an analysis of the "Courts" in which both the general scheme and the central features of all the Italian judicial courts,including a number of special courts are described, The account of the courts is completed by a detailed description of their personnel and procedure# The term "judicial personnel" covers not only the Judges but also the conciliators, assessors,clerks and prosecutors if all ranks,whose status,functions and qualifications are fully discussed. Procedure Is described In two parts, civil and criminal procedures, The former rests now on the new Code of Civil Procedure of April 1,1939 and the latter on the Code of Penal Procedure of 1930, both of which represent new aspects of Fascist judicial justice. The section on so-called "Special Justice" which covers mainly the "Special Tribunal for the Defence of State" for judging political offences, and the "Labour Courts" in which collective and individual labour disputes are solved, deals with the organisation and procedure of these two courts« Criticism of their soundness is dealt with partly in the section on "Law and Justice" and partly in those on "Jurisdictions" and "Courts". She brief "Conclusion" summarizes the main features of the fascist judiciary, its dissimilarities as compared with the judiciaries of Democracies and its validity as a system of "ordinary justice". In the view of the writer, the following parts constitute an original contribution to the knowledge of the subject* The classification of all the Fascist laws in the first section. The analysis of the relations between Fascist political,economical and social doctrines and the law in the fourth section. The analysis of the basic principles of the judiciary in the Statuto Fondamentale in the first section. The detailed account of the jurisdiction of the courts, of the Ministry of Justice, of courts, personnel and procedure.

Item Type: Thesis (PhD)
Additional Information: © 1939 Dih Wang
Library of Congress subject classification: D History General and Old World > DG Italy
K Law > K Law (General)
URI: http://etheses.lse.ac.uk/id/eprint/4003

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