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.

In an important contribution to scholarship on measuring democratic performance, Little and Meng suggest that bias among expert coders accounts for erosion in ratings of democratic quality and performance observed in recent years. Drawing on 19 waves of survey data on US democracy from academic experts and from the public collected by Bright Line Watch (BLW), this study looks for but does not find manifestations of the type of expert bias that Little and Meng posit. Although we are unable to provide a direct test of Little and Meng’s hypothesis, several analyses provide reassurance that expert samples are an informative source to measure democratic performance. We find that respondents who have participated more frequently in BLW surveys, who have coded for V-Dem, and who are vocal about the state of American democracy on Twitter are no more pessimistic than other participants.

Most theories of judicial politics are built around explaining the puzzle of judicial independence. This article instead theorizes explicitly about the conditions under which politicians are prone to manipulate their courts. By positing that courts can partly endogenously shape leaders’ fate at the hands of legislative opponents, we argue that greater political insecurity leads presidents to gut judicial independence, not shore it up. Drawing on a novel data set of judicial crises across 18 Latin American countries following the third wave of democratization, we show that variation in judicial crises is systematically correlated with the president’s risk of nonelectoral instability as captured by the history of past presidential crises, presidential power, and antigovernmental protests. To identify whether the effects of protest on judicial manipulation are causal, we use an instrumental variable approach based on international commodity prices weighted for each country.

When a party or candidate loses the popular vote but still wins the election, do voters view the winner as legitimate? This scenario, known as an electoral inversion, describes the winners of two of the last six presidential elections in the United States. We report results from two experiments testing the effect of inversions on democratic legitimacy in the US context. Our results indicate that inversions significantly decrease the perceived legitimacy of winning candidates. Strikingly, this effect does not vary with the margin by which the winner loses the popular vote, nor by whether the candidate benefiting from the inversion is a co-partisan. The effect is driven by Democrats, who punish inversions regardless of candidate partisanship; few effects are observed among Republicans. These results suggest that the experience of inversions increases sensitivity to such outcomes among supporters of the losing party.

Is American democracy under threat? The question is more prominent in political debate now than at any time in recent memory. However, it is also too blunt; there is widespread recognition that democracy is multifaceted and that backsliding, when it occurs, tends to be piecemeal. To address these concerns, we provide original data from surveys of political science experts and the public measuring the perceived importance and performance of U.S. democracy on a number of dimensions during the first year-and-a-half of the Trump presidency. We draw on a theory of how politicians may transgress limits on their authority and the conditions under which constraints are self-enforcing. We connect this theory to our survey data in an effort to identify potential areas of agreement—bright lines—among experts and the public about the most important democratic principles and whether they have been violated. Public and expert perceptions often differ on the importance of specific democratic principles. In addition, though our experts perceive substantial democratic erosion, particularly in areas related to checks and balances, polarization between Trump supporters and opponents undermines any social consensus recognizing these violations.