Le leggi e i giudici: alcune notazioni sugli spazi dell’ermeneutica giuridica durante il Regime fascista

The racial laws mark, in the fascist regime, the moment of maximum distance from the precedent liberal State. In a complex situation, it emerges the figure of a judge who, no longer operating in the liberal system, and without being accompanied by the guarantees of independence typical of the constitutional State, does not abdicate its technical-juridical - and not political - role of interpreter of the law. It is up to the judge and not to the regime to interpret the race laws and to apply them. This may well result in an interpretation against the wills of the government.