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Choosing between the Government and the Regions: An Empirical Analysis of the Italian Constitutional Court Decisions

Year: 2010
Type: article
Abstract: In this article the extent to which political variables can explain the behaviour of constitutional judges in Italy when dealing with conflicts between the central government and regions is explored. Two competing hypotheses are tested. One hypothesis argues that one should expect some alignment between the political preferences of the judges and the success of the central government primarily due to the appointment mechanism. The other hypothesis suggests that there should be no systematic alignment between the political preferences of the judges and the success of the central government. Unlike previous literature, the empirical results presented in this article seem to confirm that when the Rapporteur and the court's majority are allegedly affiliated with the Prime Minister's coalition, the odds of success of the Prime Minister go up.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W3125739693
FWCI: 8.946
Cites: 32
Cited by: 41
Related to: 10