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Yet another case of Nordic exceptionalism?: A quantitative approach to an intra-Nordic and an international comparison of supreme courts’ constitutional reasoning

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Abstract

We present a systematic quantitative approach how to analyze the reasons that judges in Nordic countries publicly adduce for their decisions in constitutional matters, as implemented in the Nordic CONREASONProject. Based on encodings of forty (per court) purposively selected landmark cases, common traits and patterns of constitutional argumentative practices in each of the Nordic supreme courts were identi ed and an international comparison were made to courts from related studies. Our results provided strong support that, regarding speci c aspects (on a univariate level), one or more courts typically tended to deviate from the other Nordic courts. Also, in a multivariate worldwide comparison there were variation between the Nordic supreme courts. However, although not detached from other supreme courts, the Nordic supreme courts seemed to occupy an area of their own on the international map of constitutional reasoning.

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  • Pettersson, Nicklas & Kelemen, Katalin, 2024. "Yet another case of Nordic exceptionalism?: A quantitative approach to an intra-Nordic and an international comparison of supreme courts’ constitutional reasoning," Working Papers 2024:7, Örebro University, School of Business.
    • Handle: RePEc:hhs:oruesi:2024_007
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    Keywords

    constitutional reasoning; quantitative comparative law; empirical legal studies; Nordic exceptionalism; realist decision-making;
    All these keywords.

    JEL classification:

    • C10 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General - - - General
    • C38 - Mathematical and Quantitative Methods - - Multiple or Simultaneous Equation Models; Multiple Variables - - - Classification Methdos; Cluster Analysis; Principal Components; Factor Analysis
    • C53 - Mathematical and Quantitative Methods - - Econometric Modeling - - - Forecasting and Prediction Models; Simulation Methods
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • N40 - Economic History - - Government, War, Law, International Relations, and Regulation - - - General, International, or Comparative

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