Institutional design and political survival of Constitutional Courts: a methodological proposal

Constitutional Courts must rely on political and social actors to implement their decisions. In order to ease this acceptance, judges can soften the acceptance of decisions, foster public support and avoid conflicts with political branches. The institutional environment might influence on the Court’s ability to reach this goal.
However, it is not clear how could a Court find tools to employ such strategies in its own institutional design. Even seminal comparative efforts, such Garoupa and Ginsburg’s comparative theory of judicial reputation, still don’t provide guidance on how to reach this high status in each specific society.
In order to address this shortcoming, it is necessary to employ an empirical in-depth look in the institutional design of several countries. This paper offers a methodological proposal for researches that aim to compare how well-equipped different constitutional courts are to reach this goal and hence to survive politically.