Abstract

In this article, I provide a rational choice-oriented explanation of how the Council of State became an equilibrium in the Italian political system. The variance of political regimes and governments makes Italy an interesting case to study the stability of the court and its relevance for the political actors and public administration. After presenting theories of judicial power and the main evolutions of the Council through history, I argue that government instability and heterogeneity, combined with structural weaknesses of the public administration can be key factors in explaining the long-term survival of the institution.