Abstract
A growing theoretical literature identifies how the process of constitutional review shapes judicial decision-making, legislative behavior, and even the constitutionality of legislation and executive actions. However, the empirical interrogation of these theoretical arguments is limited by the absence of a common protocol for coding constitutional review decisions across courts and time. We introduce such a coding protocol and database (CompLaw) of rulings by 42 constitutional courts. To illustrate the value of CompLaw, we examine a heretofore untested empirical implication about how review timing relates to rulings of unconstitutionality (Ward and Gabel 2019). First, we conduct a nuanced analysis of rulings by the French Constitutional Council over a 13-year period. We then examine the relationship between review timing and strike rates with a set of national constitutional courts in one year. Our data analysis highlights the benefits and flexibility of the CompLaw coding protocol for scholars of judicial review.
| Original language | English |
|---|---|
| Pages (from-to) | 466-492 |
| Number of pages | 27 |
| Journal | Journal of Law and Courts |
| Volume | 12 |
| Issue number | 2 |
| DOIs | |
| State | Published - Oct 2024 |
Keywords
- comparative institutions
- comparative politics
- judicial politics
- judicial review