No public, no power? Analyzing the importance of public support for constitutional review with novel data and machine learning methods

Constitutional review is a central feature of liberal democracy. However, with neither the power of the purse nor the sword, the mere presence of constitutional courts does not automatically imply the effective exercise of judicial authority. Courts must rely on elected officials for the implementation of their rulings. The ability of a court to ensure that government officials faithfully comply with judicial decisions critically depends on the existence of sufficient public support for the court and the public’s ability to monitor legislative responses to judicial decisions. In this dissertation, I study the importance of public support for the relationship between court-government and court-public. I draw on the judicial politics literature on separation of powers, public support and legislative noncompliance and extend existing theory in two regards. First, I argue that not all courts possess the sufficient level of public support necessary to ensure legislative compliance. Varying degrees of public support strongly affect the leverage that courts possess in judicial-legislative and judicial-public interactions. Second, I argue that courts actively take measures in the form of the institutional tools at their disposal when they expect legislative noncompliance. One such tool is decision language, whose strategic usage allows judges to pressure the government or hide likely noncompliance from public view, if necessary. I test these arguments empirically by combining classical inferential methods such as survey experiments with novel data on court decision-making and methodologies from the field of machine learning and computational linguistic. Throughout all chapters, I employ a comparative perspective and test my arguments using data on the German Federal Constitutional Court, a court with strong and robust levels of public support, and the less popular French Conseil Constitutionnel. My empirical evidence shows that considering varying degrees of public support and the institutional tools of judges indeed helps to generate a more accurate picture of how judges behave in judicial-legislative and judicial-public interactions. Three conclusions are drawn. First, court decisions can legitimize public policies, albeit only if the court itself is perceived as a legitimate institution. Second, courts are more attentive to the political environment of a decision than previously thought: depending on their degree of public support, they actively adapt the language of their decisions as a function of the risk of noncompliance and their institutional support. Third, public support and other political context factors are important for judicial decision-making not only from an inferential but also from a predictive perspective. The results of my analyses confirm that public support plays a crucial role for courts’ ability to effectively exercise constitutional review, as well as highlighting the benefits of increased differentiation of constitutional courts institutional tools and their diffuse support from a comparative view. Therefore, my results have implications for the growing literature on strategic courts using their institutional tools to address potential noncompliance and the general awareness of judges for their institutional reputation. Overall, this project offers new perspectives on the most important resource of judges – their public support – and has important implications not only for research on judicial politics but also for the efficacy of constitutional review in a constitutional state, and thus the sustainability of liberal democracy

The legitimacy-conferring capacity of constitutional courts: Evidence from a comparative survey experiment

Can constitutional court decisions shape public opinion on a governmental policy? Previous studies have focused on the US Supreme Court, which enjoys a high degree of public support as the major resource of power for courts. In this study, we examine the extent to which courts can influence public opinion regarding a government bill at European courts. First, we argue that the public support for courts also allows them to move public opinion on policies into the direction of their decisions. This works in both directions: they can confer legitimacy to a policy that they support, but they can also de-legitimize a policy that they oppose. Second, we argue that this mechanism strongly depends on the amount of support that a court receives. It only has an effect for courts that possess a higher institutional legitimacy and among the group of citizens trusting a court. We test our arguments by combining a most different systems design for France and Germany with a survey priming experiment on a school security bill. France and Germany are selected for a most different systems design as they exhibit different institutional designs as well as different levels of support for the court at the aggregate level. The survey experiment is implemented within large national election surveys, the German Internet Panel and the French National Election Study. Both experiments contain more than 2,600 respondents each. Our survey experiment primes for decision outcomes and different institutions to understand whether there are differences between an institution supporting and opposing a policy and between a court and alternative institutions. Our findings confirm that with higher public support, courts can move the opinion of citizens to both legitimize and de-legitimize a policy. This effect can be found at the aggregate level for a court enjoying higher public support, but also at the individual level for respondents with higher trust in the court. Interestingly, courts can even move the opinion of citizens with strong prior attitudes in the opposite direction, if these citizens highly trust the court. These findings have implications beyond the study itself. First, they confirm that the legitimacy-conferring effect can also be observed for European courts, not only for the US Supreme Court. Second, they show that the relevance of a mechanism identified for a single case, like the US Supreme Court, might only hold for specific conditions. As public support for courts strongly varies across countries in Europe, we also expect the impact of any mechanism relying on public support to strongly vary, as we can observe in our own analysis

The tubulin repertoire of C. elegans sensory neurons and its context-dependent role in process outgrowth

Microtubules contribute to many cellular processes, including transport, signaling, and chromosome separation during cell division (Kapitein and Hoogenraad, 2015). They are comprised of αβ‐tubulin heterodimers arranged into linear protofilaments and assembled into tubes. Eukaryotes express multiple tubulin isoforms (Gogonea et al., 1999), and there has been a longstanding debate as to whether the isoforms are redundant or perform specialized roles as part of a tubulin code (Fulton and Simpson, 1976). Here, we use the well‐characterized touch receptor neurons (TRNs) of Caenorhabditis elegans to investigate this question, through genetic dissection of process outgrowth both in vivo and in vitro. With single‐cell RNA-seq, we compare transcription profiles for TRNs with those of two other sensory neurons, and present evidence that each sensory neuron expresses a distinct palette of tubulin genes. In the TRNs, we analyze process outgrowth and show that four tubulins (tba‐1, tba‐2, tbb‐1, and tbb‐2) function partially or fully redundantly, while two others (mec‐7 and mec‐12) perform specialized, context‐dependent roles. Our findings support a model in which sensory neurons express overlapping subsets of tubulin genes whose functional redundancy varies between cell types and in vivo and in vitro contexts

Silencing Inhibits Cre-Mediated Recombination of the Z/AP and Z/EG Reporters in Adult Cells

BACKGROUND: The Cre-loxP system has been used to enable tissue specific activation, inactivation and mutation of many genes in vivo and has thereby greatly facilitated the genetic dissection of several cellular and developmental processes. In such studies, Cre-reporter strains, which carry a Cre-activated marker gene, are frequently utilized to validate the expression profile of Cre transgenes, to act as a surrogate marker for excision of a second allele, and to irreversibly label cells for lineage tracing experiments. PRINCIPAL FINDINGS: We have studied three commonly used Cre-reporter strains, Z/AP, Z/EG and R26R-EYFP and have demonstrated that although each reporter can be reliably activated by Cre during early development, exposure to Cre in adult hematopoietic cells results in a much lower frequency of marker-positive cells in the Z/AP or Z/EG strains than in the R26R-EYFP strain. In marker negative cells derived from the Z/AP and Z/EG strains, the transgenic promoter is methylated and Cre-mediated recombination of the locus is inhibited. CONCLUSIONS: These results show that the efficiency of Cre-mediated recombination is not only dependent on the genomic context of a given loxP-flanked sequence, but also on stochastic epigenetic mechanisms underlying transgene variegation. Furthermore, our data highlights the potential shortcomings of utilizing the Z/AP and Z/EG reporters as surrogate markers of excision or in lineage tracing experiments

The audience effect in adolescence depends on who's looking over your shoulder

Adolescents have been shown to be particularly sensitive to peer influence. However, the data supporting these findings have been mostly limited to the impact of peers on risk-taking behaviours. Here, we investigated the influence of peers on performance of a high-level cognitive task (relational reasoning) during adolescence. We further assessed whether this effect on performance was dependent on the identity of the audience, either a friend (peer) or the experimenter (non-peer). We tested 24 younger adolescent (10.6–14.2 years), 20 older adolescent (14.9–17.8 years) and 20 adult (21.8–34.9 years) female participants. The presence of an audience affected adolescent, but not adult, relational reasoning performance. This audience effect on adolescent performance was influenced by the participants' age, task difficulty and the identity of the audience. These findings may have implications for education, where adolescents often do classwork or homework in the presence of others

Do higher corporate taxes reduce wages? : Micro evidence from Germany

Because of endogeneity problems very few studies have been able to identify the incidence of corporate taxes on wages. We circumvent these problems by using an 11-year panel of data on 11,441 German municipalities' tax rates, 8 percent of which change each year, linked to administrative matched employer-employee data. Consistent with our theoretical model, we find a negative effect of corporate taxation on wages: a 1 euro increase in tax liabilities yields a 77 cent decrease in the wage bill. The direct wage effect, arising in a collective bargaining context, dominates, while the conventional indirect wage effect through reduced investment is empirically small due to regional labor mobility. High and medium-skilled workers, who arguably extract higher rents in collective agreements, bear a larger share of the corporate tax burden

Multiple List Learning in Adults with Autism Spectrum Disorder: Parallels with Frontal Lobe Damage or Further Evidence of Diminished Relational Processing?

To test the effects of providing relational cues at encoding and/or retrieval on multi-trial, multi-list free recall in adults with high-functioning autism spectrum disorder (ASD), 16 adults with ASD and 16 matched typical adults learned a first followed by a second categorised list of 24 words. Category labels were provided at encoding, retrieval, both or not at all. Both groups showed enhanced recall when labels were available during encoding or throughout the task. ASD individuals showed reduced recall of the second list and reduced clustering. Clustering and recall were correlated in both groups, which also showed similar levels of subjective organisation. The findings are discussed in relation to theories of frontal and medial temporal lobe contributions to memory in ASD

History, epidemiology and regional diversities of urolithiasis

Archeological findings give profound evidence that humans have suffered from kidney and bladder stones for centuries. Bladder stones were more prevalent during older ages, but kidney stones became more prevalent during the past 100 years, at least in the more developed countries. Also, treatment options and conservative measures, as well as ‘surgical’ interventions have also been known for a long time. Our current preventive measures are definitively comparable to those of our predecessors. Stone removal, first lithotomy for bladder stones, followed by transurethral methods, was definitively painful and had severe side effects. Then, as now, the incidence of urolithiasis in a given population was dependent on the geographic area, racial distribution, socio-economic status and dietary habits. Changes in the latter factors during the past decades have affected the incidence and also the site and chemical composition of calculi, with calcium oxalate stones being now the most prevalent. Major differences in frequency of other constituents, particularly uric acid and struvite, reflect eating habits and infection risk factors specific to certain populations. Extensive epidemiological observations have emphasized the importance of nutritional factors in the pathogenesis of urolithiasis, and specific dietary advice is, nowadays, often the most appropriate for prevention and treatment of urolithiasis