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Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?

Author

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  • López-Laborda, Julio
  • Rodrigo, Fernando
  • Sanz-Arcega, Eduardo

Abstract

This work applies various probit/logit models to a database constructed by the authors, consisting of rulings by the Spanish Constitutional Court (Tribunal Constitucional, TC) resolving positive conflicts of competence between the Central Government and the Autonomous Communities from 1981 to 2014. Our goal is to contrast empirically whether the decisions of the Court respond strictly to legal criteria (the legalist or formalist viewpoint) or if they are determined by political motivations, so that we can state that the TC constitutes an extension, in the jurisdictional milieu, of the central executive power (the realist viewpoint). According to the results of our estimations, we can state that the approach which appears to predominate in the behaviour of the TC is the legalistic one.

Suggested Citation

  • López-Laborda, Julio & Rodrigo, Fernando & Sanz-Arcega, Eduardo, 2016. "Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?," MPRA Paper 72620, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:72620
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    References listed on IDEAS

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    1. Nuno Garoupa & Fernando Gomez-Pomar & Veronica Grembi, 2013. "Judging under Political Pressure: An Empirical Analysis of Constitutional Review Voting in the Spanish Constitutional Court," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(3), pages 513-534, June.
    2. Francisco Cabrillo & Sean Fitzpatrick, 2008. "The Economics of Courts and Litigation," Books, Edward Elgar Publishing, number 3421.
    3. Gemma Sala, 2014. "Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems," Economies, MDPI, vol. 2(4), pages 1-25, December.
    4. Juan S. Mora, 2009. "A Characterization of the Judicial System in Spain: Analysis with Formalism Indices," Working Papers 2009-23, FEDEA.
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    Cited by:

    1. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2019. "Consensus and dissent in the resolution of conflicts of competence by the Spanish Constitutional Court: the role of federalism and ideology," European Journal of Law and Economics, Springer, vol. 48(3), pages 305-330, December.
    2. Garoupa, Nuno & Gili, Marian & Gómez Pomar, Fernando, 2021. "Loyalty to the party or loyalty to the party leader: Evidence from the Spanish Constitutional Court," International Review of Law and Economics, Elsevier, vol. 67(C).
    3. Nuno Garoupa & Fernando Gómez Pomar & Adrián Segura & Sheila Canudas, 2023. "Punishing terrorists in the Spanish Supreme Court: has ideology played any role?," European Journal of Law and Economics, Springer, vol. 56(1), pages 1-21, August.

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    More about this item

    Keywords

    decentralisation; competences; conflict; realism; legalism;
    All these keywords.

    JEL classification:

    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism

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