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 restricts freedom of association by not allowing fascist organisations. By virtue of unconstitutional omission, ordinary legislation has sought to give effect to this restriction by formulating a definition of fascist ideology. However, when examining this rule, which purports to specify a political ideology with precision, in the context of constitutional review, difficulties arise in complying with the principle of determinacy (or precision of the law). Although there is a necessary concern to protect the democratic rule of law against authoritarian movements, any restriction on associational rights must ensure that both the addressees and the enforcers of the rule have precise knowledge of these criteria. This article analyses the legal definition of fascist ideology in the light of normative determinacy as a sub-principle of the prohibition of excess. I argue that the list of characteristics in the legal definition of fascist ideology hinders the application of the rule due to its indeterminacy.