Judicial Review and Political Partisanship: Moving from Consensual to Majoritarian Democracy
41 Pages Posted: 1 Jul 2012 Last revised: 18 Apr 2015
Date Written: March 1, 2015
Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the effects of a transition from a consensual to a majoritarian model of democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 972 cases of substantive judicial review (ricorsi in via principale} from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the effect of a change in the political party system on judicial behavior. Our results show that political alignment is a stronger predictor of judicial decision making under majoritarian than consensual model of democracy.
Keywords: Party Systems, Judicial Behavior, Italian Constitutional Court, Judicial Politics
JEL Classification: K0
Suggested Citation: Suggested Citation