Over the last couple of decades, non-majoritarian institutions (NMIs) have been introduced in many countries. Of late, they have been criticized as promoting technocracy to the detriment of democracy. A number of political scientists even argue that they would strengthen populists and be, hence,...

While research in constitutional economics has made important progress in recent decades, the factors determining whether a constitution is complied with have only received scant attention. We contribute to that narrow literature by studying how personal traits of political leaders are...

This article introduces a novel database that measures governments' compliance with national constitutions. It combines information on de jure constitutional rules with data on their de facto implementation. The individual compliance indicators can be grouped into four categories that we...

Over the last three decades, plea bargaining procedures have been adopted by a large number of jurisdictions worldwide. However, a comprehensive account of the current adoption and use of such procedures is still missing. We survey 174 jurisdictions, finding that 101 of them have a formalized...

We bring attention to a previously overlooked determinant of de jure-de facto constitutional gaps: a polity's transition to a nation-state. We argue that nation-statehood, predicated on the formation of a strong sense of national identity, lowers the government's incentive to violate...

The COVID-19 pandemic has not only caused millions to die and even more to lose their jobs, it has also prompted more governments to simultaneously declare a state of emergency than ever before enabling us to compare their decisions more directly. States of emergency usually imply the extension...

Nine out of 10 constitutions contain explicit emergency provisions, intended to help governments cope with extraordinary events that endanger many people or the existence of the state. We ask two questions: (1) does the constitutionalization of emergency provisions help governments to cope with...

Constitutional democracy is in decline and many would-be autocrats try to transgress constitutional constraints. Here, we introduce the concept of militant constitutionalism, which suggests a number of constitutional rules that could make constitutions more resilient to attempts to undermine...

Media freedom is often curtailed in the wake of terrorist attacks. In this contribution, we ask whether constitutional provisions that are intended—directly or indirectly—to protect media freedom affect the degree to which press freedom is curtailed after terrorist incidents. We find that...