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Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?

Author

Listed:
  • Julio López-Laborda

    (University of Zaragoza)

  • Fernando Rodrigo

    (University of Zaragoza)

  • Eduardo Sanz-Arcega

    (University CEU San Pablo)

Abstract

This paper applies various probit/logit models to a database constructed by the authors, consisting of rulings by the Spanish Constitutional Court (Tribunal Constitucional, TC) resolving positive conflicts of competence between the central government and the Autonomous Communities from 1981 to 2014. Our goal is to empirically contrast whether the TC is predisposed to favour the central government or if their rulings are determined by other motivations. According to the results we have obtained, the TC does not seem to be an extension in the jurisdictional milieu of the central executive power.

Suggested Citation

  • Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2018. "Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?," Constitutional Political Economy, Springer, vol. 29(3), pages 317-337, September.
    • Handle: RePEc:kap:copoec:v:29:y:2018:i:3:d:10.1007_s10602-017-9250-1
    DOI: 10.1007/s10602-017-9250-1
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    References listed on IDEAS

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    1. Nuno Garoupa & Fernando Gomez-Pomar & Veronica Grembi, 2013. "Judging under Political Pressure: An Empirical Analysis of Constitutional Review Voting in the Spanish Constitutional Court," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(3), pages 513-534, June.
    2. Francisco Cabrillo & Sean Fitzpatrick, 2008. "The Economics of Courts and Litigation," Books, Edward Elgar Publishing, number 3421.
    3. Gemma Sala, 2014. "Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems," Economies, MDPI, vol. 2(4), pages 1-25, December.
    4. Juan S. Mora, 2009. "A Characterization of the Judicial System in Spain: Analysis with Formalism Indices," Working Papers 2009-23, FEDEA.
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    Cited by:

    1. Nuno Garoupa & Fernando Gómez Pomar & Adrián Segura & Sheila Canudas, 2023. "Punishing terrorists in the Spanish Supreme Court: has ideology played any role?," European Journal of Law and Economics, Springer, vol. 56(1), pages 1-21, August.
    2. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2019. "Consensus and dissent in the resolution of conflicts of competence by the Spanish Constitutional Court: the role of federalism and ideology," European Journal of Law and Economics, Springer, vol. 48(3), pages 305-330, December.
    3. Garoupa, Nuno & Gili, Marian & Gómez Pomar, Fernando, 2021. "Loyalty to the party or loyalty to the party leader: Evidence from the Spanish Constitutional Court," International Review of Law and Economics, Elsevier, vol. 67(C).

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    More about this item

    Keywords

    Central government; Autonomous Communities; Conflicts of competence; Constitutional Court;
    All these keywords.

    JEL classification:

    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism

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