Barak-Corren Lab

Hebrew University of Jerusalem

- · Israel

ERC-funded
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Research focus

ERC Starting Grant · 2022

Empirical Constitutional Law: A New Theoretical and Methodological Approach

Constitutional law worldwide suffers from an empirical deficit: although evidence is needed to apply the law to concrete conflicts, constitutional analysis is dominated by high-level value judgments and pays little attention to empirical evidence. Unlike other fields of law, there are almost no empirical studies regarding constitutional controversies, and most courts, legislatures, and executives have no adequate procedures for establishing facts or reviewing evidence in constitutional matters. The empirical deficit of constitutional law has detrimental consequences. It generates unpersuasive decisions; brings about inadvertent societal consequences; breeds accusations that constitutional…

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