Several divided societies have reserved places for foreign judges on their constitutional courts. Drawing on quantitative evidence and elite interviews from Bosnia-Herzegovina, this paper considers both the intended and unintended consequences of this practice. First, the paper considers if a coherent theory for the practice can be gleaned from either constitutional structure and/or the subjective...
Tag: <span>Alex Schwartz</span>
NEW APPROACHES IN QUANTITATIVE CONSTITUTIONAL STUDIES
Comparative constitutional studies has been energised by the application and development of quantitative and computational methods. This panel showcases how three cutting-edge approaches cast new light on central topics within the field: the use of agent-based models to simulate the development of judicial power; the use of natural language processing methods to measure constitutional change;...
An Agent-Based Model of Judicial Strategy
Comparative scholarship in constitutional law and political science suggests that the power of courts to exercise judicial review depends partly on the judges’ strategic behaviour; judges can build this power only if they are mindful of how other actors are likely to react to their decisions. Arguably, compliance is the most immediate measure of judicial power. An assertive court is not much good to anyone...