Locating Czech Constitutional Court Decisions in Doctrine Space and Measuring its Caselaw Consistency
Abstrakt
Our research explores the estimation of positions of Czech Constitutional Court decisions in a doctrine space using Bayesian statistical model. Traditional methods of estimating ideological positions suffer from limitations, prompting the adoption of new text-as-data approaches empowered by advances in computational technology and statistics.
Two research teams have attempted to overcome previous constraints and estimate judicial positions more accurately, one in the SCOTUS context and one in the German lower courts context. Our study implements the method of Clark and Lauderdale of estimating the locations of SCOTUS decisions with positive or negative references to its caselaw: the closer decisions are to each other, the more likely they are to cite themselves positively and vice-versa.
We combine our own dataset of all CCC decisions with the data on citations provided to us by Beck-online. We use the programming language R and the Bayesian engine Stan to estimate the positions employing the Bayesian model of Clark and Lauderdal.
Estimating the positions allows us to examine the consistency of the CC's case law across different senates and the plenum. We narrow our analysis to areas of law in common doctrine space that are prone to inconsistency, namely restitution cases and costs of civil proceedings.
The research contributes to harnessing the potential of machine learning and quantitative methods in legal research and clarifies the factors influencing caselaw consistency.