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3 - How, When, and Where to Evaluate Judicial Efficacy

Published online by Cambridge University Press:  16 July 2025

Amanda Driscoll
Affiliation:
Florida State University
Jay N. Krehbiel
Affiliation:
University at Buffalo, State University of New York
Michael J. Nelson
Affiliation:
Pennsylvania State University
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Summary

This chapter presents our research design. First, in recognition of our theory’s emphasis on judicial independence, we select four cases – the United States, Germany, Hungary, and Poland – that vary in their levels of judicial independence but share important political, legal, and socio-economic characteristics. We use surveys of elites and the public to demonstrate that variation in judicial independence is observed by experts and citizens alike. Second, the chapter establishes the crucial role the COVID-19 pandemic plays in our research design. The global pandemic presented a unique and fleeting opportunity to probe citizens’ reactions to rule-of-law violations because it produced real threats to the rule of law in ways that were felt simultaneously and similarly around the world. Third, we discuss the benefits of using survey experiments for a study like ours. Finally, we introduce the four countries in detail, describing their general political characteristics, the institutional characteristics of their constitutional courts, and their handling of the pandemic.

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The Efficacy of Judicial Review
The Rule of Law and the Promise of Independent Courts
, pp. 59 - 98
Publisher: Cambridge University Press
Print publication year: 2025

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