Measuring Judicial Compliance in the 21st Century: critical thoughts on contemporary literature and Courts initiatives

Due to the development of new sets of decision-making strategies and the increasing presence of Economic, Social and Cultural Rights in Constitutions, especially in Latin America, legal and political science researchers shifted their attention to investigate and measure the social, public and private bodies compliance with judicial decisions. We mapped three historical waves in the judicial compliance field of study: the start in the 1960s focused in the United States jurisdiction; the expansion in the 1990s and 2000s to monitor the domestic compliance to International Courts decisions, and more recently – after the 2000s –targeting the Global South Courts on structural litigation. Based on the literature review, this paper claims that clear and rigorous methods are central for judicial compliance measure in the comparative constitutional law scholarship and presents best-practices that can guide future works in the field and courts institutional initiatives for judicial compliance.