Judicial Review and Political Bias: Moving from Consensual to Majoritarian Democracy
Nuno Garoupa
University of Illinois College of Law
Veronica Grembi
Catholic University of Milan
January 16, 2012
Abstract:
Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the eff ects of a moving from a consensual to a majoritarian democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 779 main reviews (ricorsi in via principale) from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the impact of a change in the political party system on judicial behavior. We preliminarily result indicate that the rulings of a majoritarian democracy tend to produce more political aligned decisions than in a consensual democracy.
Number of Pages in PDF File: 26
Keywords: Electoral Rules, Party Systems, Judicial Behavior, Italian Constitutional Court, Judicial Politics
Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1986318
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