About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

38 Dublin U. L.J. 265 (2015)
Constitutional Conventions and the Economic Crisis: The Italian Paradigm

handle is hein.journals/dubulj38 and id is 289 raw text is: Constitutional Conventions and the Economic Crisis: The Italian Paradigm Lorenzo Cuocolo* Abstract-This article investigates the relationship between constitutional conventions and economic factors. After an explanation of the main doctrines and theories about conventions and customs, and their different meanings in the comparative arena, the attention is focused on the role that constitutional'practices,'conventions'and'customs' have in shaping the Italian form of government. The central part of the paper focuses on the relationship between constitutional customs and the economic crisis and, particu- larly, on the role that the new great crisis has played in changing customs related to the design of the form of government, with particular reference to the Italian case. 1 Introduction Constitutional conventions and other provisions that complement, integrate and implement a Constitution are a broad subject, which has long been of interest to constitutional law scholars. In this article I will focus on the relation- ship between constitutional conventions and the recent economic crisis, to demonstrate how the events of recent years may mark a major innovation in the dynamics usually studied in the field. In section 2 I will offer a concise reconstruction of the concepts being dis- cussed, highlighting the main differences between legal systems governed by a master-text Constitution and those systems without a written Constitution. In section 3 I will focus on legal systems governed by a master-text Constitution and specifically on the Italian case, which presents a particular point of interest in relation to recent years'events. In particular, I will then analyse practices, conven- tions and customs that relate to the constitutional form of government. In section 4 I will demonstrate the manner in which the constitutional dynam- ics of government formation traditionally studied (which are, of course, strongly influenced by constitutional conventions and customs) have faltered during last years'financial and economic crisis and amounted, in Italy, to an institutional crisis. In section 5, finally, I will demonstrate how customs and other provi- sions 'implementing' the constitution (and, in particular, the formation of governments) have been strongly affected by actors unrelated to government * Bocconi University, Milan, Italy. Presented at the Symposium on Conventional Constitutionalism, November 2014, School of LawTrinity College Dublin.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most