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Strategic delegation and “judicial couples” in the Italian Constitutional Court

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  • Padovano, Fabio
  • Fiorino, Nadia

Abstract

We analyze the selection of the Justice Reporter by the Justice President of the Italian Constitutional Court, the most important form of agenda setting power and act of delegation in decisions of constitutional (il)legitimacy. We estimate a series of econometric models that evaluate the relative importance of the determinants of the creation of these “judicial couples”, namely, professional background, political affiliation, age, etc. Professional background is shown to be an important determinant of the creation of the couples, more so with time, although the onset of the Second Republic has reduced its importance. This analysis sheds light into the inner workings of the Italian Constitutional Court and the actual processes through which its jurisprudence is generated.

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  • Padovano, Fabio & Fiorino, Nadia, 2012. "Strategic delegation and “judicial couples” in the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 32(2), pages 215-223.
    • Handle: RePEc:eee:irlaec:v:32:y:2012:i:2:p:215-223
    DOI: 10.1016/j.irle.2012.01.002
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    Cited by:

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    3. Fiorino, Nadia & Gavoille, Nicolas & Padovano, Fabio, 2015. "Rewarding judicial independence: Evidence from the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 43(C), pages 56-66.
    4. Garoupa, Nuno & Grembi, Veronica, 2015. "Judicial review and political partisanship: Moving from consensual to majoritarian democracy," International Review of Law and Economics, Elsevier, vol. 43(C), pages 32-45.

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    More about this item

    Keywords

    Constitutional Court; Agenda setting; Delegation; Judicial independence;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • H1 - Public Economics - - Structure and Scope of Government

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