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Governare la differenziazione. L'analisi economica del diritto e il nuovo titolo V della Costituzione

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The paper, based on the methodological approach offered by the economic analysis of public law, introduces an innovative perspective on the recent constitutional reforms that have deeply modified the relationships between central and local government in Italy. The essay is divided into three parts that respectively deal with the theories developed during the last few decades by Charles Tiebout, Bruno Frey/Reiner Eichenberger and Robert Cooter. After reading the analysis illustrated in the article, the reader should be able to evaluate to what extent these different approaches, and in particular that of the last author, are expressed in the reformed text of the Italian Constitution. Moreover, the paper should also make clear whether the criteria suggested by the economic analysis of public law, with the aim of controlling the discretionary choices otherwise completely left to the political arena, can be consistent with a potential implementation of the constitutional reform.

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