Aspetti
politici e giuridici dell’Alto comando militare in Italia (1848-1941)
n.
1/1984
Summary
– After making a distinction between the technical
and political character of the military command at the highest levels and the
only technical character of the command at the lower levels, and after having
investigated the different type of responsibility consequent to each of these
activities, the a. focuses his enquiry on the problems as to who is entitled to
the high command in the Italian military organization, in peace and in war. The
theoretical analysis on the intrinsic nature of the actions of high command is
carried out together with the study of the historical evolution. In 1848 the
Crown loses the effective exercise of the power of command and till 1915-18 all
the relative problems are settled by a set of legislative measures and of
organizing praxis which allow more or less happy solutions in the relations
among the Sovereign, the Minister of War and the Chief of Staff. Successively,
the Fascist legislation offers only apparent solutions to the problem with the
two figures of the Prime Minister and the Chief of General Staff. In effect, as
the analysis of the laws of 1925, 1927 and 1941 shows, the dictatorship has
merely complicated the situation instead of making it more harmonic. The
historical analysis strengthens the a.’s conviction on the prevalently
political nature of the actions of high command also in the present
constitutional structure.