Comparing Judicial Selection Systems

TLDR: In this paper, the authors compare the performance of the highest constitutional courts (e.g., "supreme" and "constitutional" courts) in different countries in the USA and Europe.

Abstract: and Concrete Review. Most CCs can exercise review in the absence of a concrete case or controversy; many can exercise concrete review as well. The range can be large, from governmental actors (including executives and 29 Id. 30 See id. (manuscript at 4 tbl. 1). [Vol. 10: 1 COMPARING JUDICIAL SELECTION SYSTEMS What do these distinctions mean for our inventory? Primarily, they forced us to consider what sorts of courts to include in it. While many possibilities presented themselves, given the key difference between the two models namely, whether constitutional review is centralized or decentralized we thought it was most prudent to focus only on rules governing the highest constitutional courts (e.g., "supreme courts" in American-type systems and "constitutional courts" in European ones) in the societies in our sample. In this way, we avoid mixing apples with oranges, though in our analysis, we remain sensitive to the differences in "supreme" and "constitutional" courts and illuminate them where they seem particularly