If we examine the current literature, no study on policy agenda has so far addressed the agenda of a Constitutional Court in a country that has recently experienced crucial changes in its political system. The present contribution on the Italian Constitutional Court seeks to bridge this gap. We aim at assessing the role the Italian Court plays in the policy process in both the First and the Second Republic by answering two research questions: (1) in its decisions does the Court accommodate themes that are neglected in the parliamentary legislative process? (2) Does the Court (and if so, how often) represent interests and values in opposition to the interests and values supporting the current legislative majorities? By employing an original data set that puts together all decisions of constitutional illegitimacy under incidental review between the years 1983 and 2013, we found that in both Republics Court’s agenda is significantly more concentrated than Parliament’s agenda, and it does not broadly offer an alternative access point to the policy-making for new or neglected issues. However, at the same time, the alternational system of the Second Republic seems to trigger more immediate and ‘salient’ reactions from the Constitutional Court, which in that period becomes more prone to sanction recent legislation.

The role of the Italian Constitutional Court in the policy agenda: persistence and change between the First and Second Republic / E. Rebessi, F. Zucchini. - In: RIVISTA ITALIANA DI SCIENZA POLITICA. - ISSN 0048-8402. - 48:3(2018), pp. 289-305. [10.1017/ipo.2018.12]

The role of the Italian Constitutional Court in the policy agenda: persistence and change between the First and Second Republic

E. Rebessi
Primo
;
F. Zucchini
Ultimo
2018

Abstract

If we examine the current literature, no study on policy agenda has so far addressed the agenda of a Constitutional Court in a country that has recently experienced crucial changes in its political system. The present contribution on the Italian Constitutional Court seeks to bridge this gap. We aim at assessing the role the Italian Court plays in the policy process in both the First and the Second Republic by answering two research questions: (1) in its decisions does the Court accommodate themes that are neglected in the parliamentary legislative process? (2) Does the Court (and if so, how often) represent interests and values in opposition to the interests and values supporting the current legislative majorities? By employing an original data set that puts together all decisions of constitutional illegitimacy under incidental review between the years 1983 and 2013, we found that in both Republics Court’s agenda is significantly more concentrated than Parliament’s agenda, and it does not broadly offer an alternative access point to the policy-making for new or neglected issues. However, at the same time, the alternational system of the Second Republic seems to trigger more immediate and ‘salient’ reactions from the Constitutional Court, which in that period becomes more prone to sanction recent legislation.
Italy; Constitutional Court; Parliament; policy agenda
Settore SPS/04 - Scienza Politica
2018
12-lug-2018
Article (author)
File in questo prodotto:
File Dimensione Formato  
Constitutional Court160518.pdf

accesso aperto

Tipologia: Post-print, accepted manuscript ecc. (versione accettata dall'editore)
Dimensione 482.37 kB
Formato Adobe PDF
482.37 kB Adobe PDF Visualizza/Apri
the-role-of-the-italian-constitutional-court-in-the-policy-agenda-persistence-and-change-between-the-first-and-second-republic.pdf

accesso riservato

Tipologia: Publisher's version/PDF
Dimensione 1.26 MB
Formato Adobe PDF
1.26 MB Adobe PDF   Visualizza/Apri   Richiedi una copia
Pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/581771
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 6
  • ???jsp.display-item.citation.isi??? 7
social impact