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29 results

Page 1 of 2

  • CompLaw: A Coding Protocol and Database for the Comparative Study of Judicial Review

  • Matthew Gabel, Clifford J. Carrubba, Gretchen Helmke, Andrew D. Martin, Jeffrey K. Staton, Dalston Ward, Jeffrey Ziegler
  • Journal:
    Journal of Law and Courts / Volume 12 / Issue 2 / October 2024
    Published online by Cambridge University Press:
    24 May 2024, pp. 466-492
    • Article
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  • 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.

  • Roll-Call Vote Selection: Implications for the Study of Legislative Politics

  • CAITLIN AINSLEY, CLIFFORD J. CARRUBBA, BRIAN F. CRISP, BETUL DEMIRKAYA, MATTHEW J. GABEL, DINO HADZIC
  • Journal:
    American Political Science Review / Volume 114 / Issue 3 / August 2020
    Published online by Cambridge University Press:
    13 May 2020, pp. 691-706
    Print publication:
    August 2020
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  • Roll-call votes provide scholars with the opportunity to measure many quantities of interest. However, the usefulness of the roll-call sample depends on the population it is intended to represent. After laying out why understanding the sample properties of the roll-call record is important, we catalogue voting procedures for 145 legislative chambers, finding that roll calls are typically discretionary. We then consider two arguments for discounting the potential problem: (a) roll calls are ubiquitous, especially where the threshold for invoking them is low or (b) the strategic incentives behind requests are sufficiently benign so as to generate representative samples. We address the first defense with novel empirical evidence regarding roll-call prevalence and the second with an original formal model of the position-taking argument for roll-call vote requests. Both our empirical and theoretical results confirm that inattention to vote method selection should broadly be considered an issue for the study of legislative behavior.

International Courts and the Performance of International Agreements
  • A General Theory with Evidence from the European Union
  • Clifford J. Carrubba, Matthew J. Gabel
  • Published online:
    05 November 2014
    Print publication:
    27 October 2014
  • Nations often turn to international courts to help with overcoming collective-action problems associated with international relations. However, these courts generally cannot enforce their rulings, which begs the question: how effective are international courts? This book proposes a general theory of international courts that assumes a court has no direct power over national governments. Member states are free to ignore both the international agreement and the rulings by the court created to enforce that agreement. The theory demonstrates that such a court can, in fact, facilitate cooperation with international law, but only within important political constraints. The authors examine the theoretical argument in the context of the European Union. Using an original data set of rulings by the European Court of Justice, they find that the disposition of court rulings and government compliance with those rulings comport with the theory's predictions.

  • Of Courts and Commerce

  • Matthew J. Gabel, Clifford J. Carrubba, Caitlin Ainsley, Donald M. Beaudette
  • Journal:
    / Volume 74 / Issue 4 / October 2012
    Published online by Cambridge University Press:
    21 September 2012, pp. 1125-1137
    Print publication:
    October 2012

  • Courts often interpret and attempt to enforce rules designed to economically integrate federal and international organizations. In this article, we investigate to what degree court rulings can liberalize trade by examining data from the European Court of Justice (ECJ). Studying the ECJ allows us to compare the Court’s effectiveness through two different mechanisms: infringement proceedings, which are purely a form of international adjudication, and preliminary references, which are applied through national courts. We find infringement rulings have no effect on a nation’s intra-EU imports, while preliminary rulings have a positive, though temporary, effect on a nation’s intra-EU imports.

Page 1 of 2