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Measuring Constitutional Loyalty: Evidence from the Covid-19 Pandemic

Author

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  • Gutmann, Jerg
  • Sarel, Roee
  • Voigt, Stefan

Abstract

Constitutional loyalty, the importance ascribed to complying with constitutional rules, is difficult to measure across countries due to differences in context, history, and culture. We overcome this challenge by exploiting the COVID-19 pandemic as an ideal setting in which societies around the world face a novel and similar public health crisis, inducing governments to adopt comparable policies. Based on a survey carried out in 53 countries around the world in 2021, we show that citizens' support for Covid-19 mitigation policies declines if courts signal doubts about their constitutionality. We further demonstrate that this effect of constitutional loyalty depends on citizens' characteristics, such as their confidence in the courts and their moral convictions.

Suggested Citation

  • Gutmann, Jerg & Sarel, Roee & Voigt, Stefan, 2022. "Measuring Constitutional Loyalty: Evidence from the Covid-19 Pandemic," ILE Working Paper Series 55, University of Hamburg, Institute of Law and Economics.
    • Handle: RePEc:zbw:ilewps:55
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    File URL: https://www.econstor.eu/bitstream/10419/249337/1/ile-wp-2022-55.pdf
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    References listed on IDEAS

    as
    1. Gregori Baetschmann & Kevin E. Staub & Rainer Winkelmann, 2015. "Consistent estimation of the fixed effects ordered logit model," Journal of the Royal Statistical Society Series A, Royal Statistical Society, vol. 178(3), pages 685-703, June.
    2. Easton, David, 1975. "A Re-assessment of the Concept of Political Support," British Journal of Political Science, Cambridge University Press, vol. 5(4), pages 435-457, October.
    3. Caldeira, Gregory A., 1986. "Neither the Purse Nor the Sword: Dynamics of Public Confidence in the Supreme Court," American Political Science Review, Cambridge University Press, vol. 80(4), pages 1209-1226, December.
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    Cited by:

    1. Jerg Gutmann & Katarzyna Metelska-Szaniawska & Stefan Voigt, 2024. "The comparative constitutional compliance database," The Review of International Organizations, Springer, vol. 19(1), pages 95-115, January.

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    More about this item

    Keywords

    Constitutional loyalty; Constitutions; Courts; Covid-19; Judicial power;
    All these keywords.

    JEL classification:

    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • H12 - Public Economics - - Structure and Scope of Government - - - Crisis Management
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies

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