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.

This essay offers a “nonideal” case for giving institutional priority to markets and private contracting in the basic structure of society. It sets out a “robust political economy” framework to examine how different political economic regime types cope with frictions generated by the epistemic limitations of decision-makers and problems of incentive incompatibility. Focusing on both efficiency arguments and distributive justice concerns the essay suggests that a constitutional structure that prioritizes consensual exchange is more likely to sustain a cooperative venture for mutual advantage.