Now you cannot understand anything about fascist doctrine if you do not understand that their central claim was that liberalism is antidemocratic; in other words, the fascists claimed that liberal institutions cannot represent the will of the people. They further claimed that their typical institutions, particularly the party, were more effective means to represent the will of the people. So fascists were “authoritarian democrats.”
This is what I call the productive power of the Constitution: Constitutional rights can have an effcet far beyond the mere invalidation of existing pieces of legislation. Because the law is also productive – by that I mean it helps to produce the reality we live in – constitutional challenges can have far-reaching social and political effects by changing the way people think about their world.
Of course, it can also produce powerful forces of resistance. After the discussions are over, there is always the likelihood of a backlash and more repression. But that backlash may again, in turn, lead to resistance by gay and lesbian groups now emboldened.BACK TO TOP