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Ministers can have an incentive to adopt policies through secondary legislation that deviates from the general compromise reached via the primary legislation. We suggest that when secondary legislation is at stake, in some countries coalition partners can rely upon the ex-ante legal scrutiny of courts as an extra-cabinet control mechanism. We focus on the interaction between governments and the Council of State, the highest administrative court and the most important consultative body of the government in Italy. Our findings support the general hypothesis that the Council's activism as an advisor is generated by the demand for control mechanisms on the secondary legislation. Such a demand is affected by specific political conditions, i.e. the level of government heterogeneity and government alternation. The findings on the Italian case can be a starting point for research on the different levels of involvement of administrative courts in the executive politics that characterize European Democracies. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

Scholars interested in legislative processes pay relatively little attention to the changes made to bills in parliamentary democracies. On the one hand, comparative research has often described parliamentary institutions as ineffectual vis-à-vis cabinets throughout the lawmaking process; on the other hand, for a long time the rational choice literature has focused more on the formal rules regulating amendatory activity than on amendatory activity itself. Hence, very few studies have tried to explain how much government bills are altered in parliament and why. This article investigates the changes made to governmental legislation in Italy. Taking the modifications occurring during the legislative process as the dependent variable, a number of explanatory hypotheses derived from both existing scholarship and original arguments are discussed and tested. This also allows the identification of some usually unobserved aspects of the decision-making process within the cabinet. The findings can also be relevant for comparative research since Italy has been characterised during the period under scrutiny (1987-2006) by two distinct electoral systems, two extremely different party systems (pivotal and alternational), governments with various ideological orientations and range, and both partisan and technical ministers. [ABSTRACT FROM AUTHOR]

The Italian Law-Making Archive (ILMA) is a relational database that combines information on the legislation, legislative initiative, legislative processes, parliamentarians and government members and policy positions of parties present in different legislatures and governments. It covers a period that extends from the beginning of the 10th legislature of the Italian Republic in 1987 to the end of the 15th legislature in 2008. In contrast to commonly available data sources, records are non-redundantly stored in the database, are organized in different tables characterized by unique keys, and are linked to each other by relations, thus permitting scholars to extract, through queries on a specific web interface, only those data necessary for their empirical studies. This article aims at presenting ILMA and its main components. We describe the type of data it contains, the sources from which these data have been drawn and the procedures used to aggregate available information in a unique and comprehensive database. In the second part of the paper, we offer some practical applications for potential use of the database for quantitative studies of the Italian legislative process. [ABSTRACT FROM AUTHOR]

Recent studies of the legislative process have put forward a number of plausible hypotheses regarding the distribution of agenda-setting power. These hypotheses have guided scholars in identifying those conflicts and actors that are crucial to explaining legislative change and the wording of legislation. However, this has not yet led to a better understanding of the choice of specific agenda-setting rules. Why does the cabinet in some parliamentary democracies enjoy an undisputed role, while in others the parliament continues to play the role of co-protagonist? This article attempts to answer this question by looking at some well-known features of party systems. It is argued that in pivotal party systems, with limited government alternation, it is much more difficult to strengthen the government vis-à-vis the parliament. One factor prevents the procedural and institutional predominance of the cabinet under these circumstances: the lack of opportunities for, and expectations of, large and controversial policy change. [ABSTRACT FROM AUTHOR]

The articles included in this issue display a healthy scepticism towards any naïve parallelism between the changes in the party system, the electoral rules or political communication, and the changes that have taken place in the legislative process. The former are linked to the evolution of the legislative process in indirect, complicated ways which merit a more in-depth examination. All articles do share a common view of what the Italian political system is not: Montecitorio is clearly still quite some distance from Westminster. From the legislative perspective, the Italian political system during the second republic still appears to be a moving 'target'. The comparison between rough legislative figures for the 15th legislature and the equivalent information for previous legislatures does not really help understand in which direction that system is heading. [ABSTRACT FROM AUTHOR]

This paper considers the impact of the Constitutional Court on legislative output in Italy. Following Tsebelis’ ((2002) Veto Players: Foundations of Institutional Analysis. Princeton: Princeton University Press) veto players model and the stylised facts as regards the Italian Constitutional Court’s activity, this paper presents a multi-stage game in the spirit of Gely and Spiller ((1990). A rational choice theory of supreme court statutory decisions with applications to the state farm and grove city cases. Journal of Law, Economics, and Organization 6, 263–300). In the first stage, the legislative veto players, namely the parties in government, choose whether to change or not the policy status quo by enacting new legislation. In the second stage, the Court makes a constitutional interpretation: it decides whether to alter or not the outcome of the first stage through a sentence of constitutional illegitimacy. The Court has both the power of annulling laws and a limited power of creating new legally binding norms. Moreover, in the third stage, a constitutional law voted by a parliamentary qualified majority can overturn the Court’s decisions. The model predicts that the presence of the Court lowers legislative policy change and tests this prediction with 1956–2001 annual time series data for Italy. [ABSTRACT FROM AUTHOR]