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Legislative output and the Costitutional Court in Italy

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Author Info
Michele Santoni ()
Francesco Zucchini ()

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Abstract

This paper considers the impact of the Constitutional Court on legislative output in Italy.Following Tsebelis' (2002) veto players model and the stylised facts as regards the Italian Constitutional Court's activity, this paper presents a multi-stage game in the spirit of Gely and Spiller (1990). In the first stage, the legislative veto players, namely the parties in government, choose whether to change or not the policy status quo by enacting new legislation. In the second stage, the Court makes a constitutional interpretation: it decides whether or not to alter the outcome of the first stage through a sentence of constitutional illegitimacy. The Court has both the power of annulling laws and a limited power of creating new legally binding norms. Moreover, in the third stage, a constitutional law voted by a parliamentary qualified majority can overturn the Court's decisions. The model predicts that the presence of the Court lowers legislative policy change and tests this prediction with 1956-2001 annual time series data for Italy.

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Paper provided by Department of Economics University of Milan Italy in its series Departemental Working Papers with number 2003-19.

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Date of creation: 01 Jan 2003
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Handle: RePEc:mil:wpdepa:2003-19

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Related research
Keywords: Veto players; Constitutional Court; Legislative output; Italy;

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Find related papers by JEL classification:
D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Models of Political Processes: Rent-seeking, Elections, Legislatures, and Voting Behavior

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:

  1. George Tridimas & Takis Tridimas, 2002. "The European Court of Justice and the Annulment of the Tobacco Advertisement Directive: Friend of National Sovereignty or Foe of Public Health?," European Journal of Law and Economics, Springer, vol. 14(2), pages 171-183, September. [Downloadable!] (restricted)
  2. Gely, Rafael & Spiller, Pablo T., 1992. "The political economy of supreme court constitutional decisions: The case of Roosevelt's court-packing plan," International Review of Law and Economics, Elsevier, vol. 12(1), pages 45-67, March. [Downloadable!] (restricted)
  3. Breton, Albert & Fraschini, Angela, 2003. " Vertical Competition in Unitary States: The Case of Italy," Public Choice, Springer, vol. 114(1-2), pages 57-77, January. [Downloadable!] (restricted)
  4. Neil R. Ericsson & James G. MacKinnon, 2002. "Distributions of error correction tests for cointegration," Econometrics Journal, Royal Economic Society, vol. 5(2), pages 285-318, 06. [Downloadable!] (restricted)
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  5. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June. [Downloadable!] (restricted)
  6. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
  7. Spiller, Pablo T & Spitzer, Matthew L, 1992. "Judicial Choice of Legal Doctrines," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(1), pages 8-46, March.
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