The Comparative Constitutional Compliance Database

Ideological bias in constitutional judgments: Experimental analysis and potential solutions

“…Overall, it is well documented that Poland has observed a gradual drop in constitutional compliance over the last five years. See a novel dataset on constitutional compliance by Gutmann et al (2022). 3 For India, see Chandrachud (2013); for Israel, see Barak (2012); for Hong Kong, see Yin (2014), pp.281-312.…”

“…Overall, it is well documented that Poland has observed a gradual drop in constitutional compliance over the last five years. See a novel dataset on constitutional compliance by Gutmann et al (2022).…”

Judicial independence: Why does de facto diverge from de jure?

“…Voigt (2021) is more a description of a research program than an overview of existing studies. Gutmann et al (2022) contains a broad dataset that is used, for example, by Choutagunta et al (2022), who study whether major eventssuch as natural disasters-result in less government compliance with constitutional constraints. Bjørnskov and Voigt (2021) ask whether constitutionally protected media freedom is curtailed after terrorist events and find the answer to be "yes."…”

The limits of generality for constitutional design

“…4 And recent studies on the 'de jure-de facto gap' (or 'constitutional underperformance') provide empirical evidence that this objection needs to be taken seriously, at least in regard to many countries (e.g. Chilton and Versteeg, 2016;Gutmann et al, 2022;Law and Versteeg, 2013;Voigt, 2021).…”

“…Furthermore, given the documented gaps between de jure Constitutional provisions and de facto practice on the ground (e.g. Chilton and Versteeg, 2016;Gutmann et al, 2022;Law and Versteeg, 2013;Voigt, 2021), Vanberg's arguments and Voigt and Gutmann's evidence clearly call for further work to empirically assess the importance of substantive codification versus procedural realities.…”