ABSTRACT

This chapter analyzes the impact of supermajority rules in constitutional courts. First, it provides an analytical framework for both the multiplicand and numerical thresholds of such rules, addressing the mobile threshold problem and outlining the formal and informal mechanisms to prevent it. Secondly, it examines the empirical and theoretical justification of threshold choice. Next, it delves into threshold impact from two perspectives. In the first one, after presenting a typology of threshold requirements, the chapter overviews threshold strength through qualitative analysis and statistical data. The chapter concludes by arguing that the available evidence casts doubt on a generalized inference of court paralysis.