La definición jurídica de ideología fascista en la ley portuguesa de prohibición de asociaciones y partidos políticos:: Problemas de vaguedad normativa

The Constitution of the Portuguese Republic limits freedom of association by not allowing fascist organisations. On the grounds of unconstitutionality by omis- sion, ordinary legislation has proposed to give effect to this restriction by elaborating a meaning for fascist ideology. However, when examining this rule, which sets out to precisely specify a political ideology, in the form of constitutionality control, one encounters difficulties in complying with the principle of determinability (or preci- sion of laws). Although there is the necessary concern to protect the democratic rule of law against authoritarian movements, the restriction on associative rights must be such as to guarantee the recipients and enforcers of the regulation precise knowledge of these criteria. This article discusses the legal definition of fascist ideology in the light of normative determinability as a sub-principle of the prohibition of excess. I argue that the list of characteristics in the legal definition of fascist ideology makes it difficult to apply the norm due to its indeterminacy.