The judicialization of territorial politics in Italy

Abstract

ABSTRACT This article focuses on Italy as an example of the judicialization of territorial politics, with the Constitutional Court adopting a growing role in centre–region relationships. It addresses the questions of why and how the role of the Italian Constitutional Court in terms of territorial governance has changed over the past two decades. It shows how the dynamics of decentralization, as pushed forward by the reform of the Title V of the Constitution, favoured the consolidation of the Court as a fundamental actor in intergovernmental relationships. Drawing on an extensive dataset of judicial decisions, the article provides empirical data demonstrating how the Court has become increasingly preoccupied with questions related to territorial politics over the last years. The article explores how the Constitutional Court shaped territorial politics through judicial review with the reform of Title V of the Constitutional Charter by focusing on the Court’s most significant decisions on the topic. The article emphasizes the fact that the limits of the constitutional reform have tended to produce a judicial redefinition of the centre–periphery arena and pushed the Constitutional Court to play a significant role in the new centre–region relationships.