Translating empirical evidence into constitutional idioms

In previous papers I have examined how the use of the principle of proportionality has made it possible for constitutional courts to use a common, familiar legal terminology to address and rely on the public health evidence that demonstrates the lack of any dissuasive effect of criminal sanctions for abortion. Approaching constitutional courts using a combination of the empirical evidence and its translation into constitutional language has enormous potential. For this paper, I would like to further develop this line of research by exploring whether criminal/restrictive laws on abortion, as applied on the ground, can meet the requirements of the rule of law.