University of Wisconsin–Madison

Month: June 2025

Trochev, Ellett (2014), “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.”

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Alexei Trochev and Rachel Ellett, “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.” Journal of Law and Courts, vol. 2, no. 1 (2014): 67–91. Summary: The social construction of judicial power is a complicated process, especially in hybrid political regimes. Trochev and Ellett argue that off-bench resistance against blatant interference supported …

Solomon (2007), “Courts and Judges in Authoritarian Regimes.”

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Peter H Solomon, “Courts and Judges in Authoritarian Regimes.” World Politics, vol. 60, no. 1 (2007): 122–45. Summary: Typically, authoritarian leaders treat law and courts in an instrumental fashion and try to keep judges dependent and responsive to their desires. Various works reveal the sophisticated ways that this is achieved, including the development of judicial bureaucracies …

Schaff (2021), “Contentious Politics in the Courthouse: Law as a Tool for Resisting Authoritarian States in the Middle East”

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Steven D Schaff, “Contentious Politics in the Courthouse: Law as a Tool for Resisting Authoritarian States in the Middle East.” Law & Society Review, vol. 55, no. 1 (2021): 139-176 Summary: Under what conditions will individuals mobilize law to resist states that operate above the law? In authoritarian countries, particularly in the Middle East, law is …

Kureshi (2021), “When Judges Defy Dictators: An Audience-Based Framework to Explain the Emergence of Judicial Assertiveness against Authoritarian Regimes”

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Yasser Kureshi, “When Judges Defy Dictators: An Audience-Based Framework to Explain the Emergence of Judicial Assertiveness against Authoritarian Regimes.” Comparative Politics, vol. 53, no. 2 (2021): 233–55, 1–2. Summary: The article explores the conditions under which judiciaries act assertively against authoritarian regimes. Kurashi argues that the judiciary coalesces around institutional norms and preferences in response to …

Kühn (2021), JUDGES UNDER STRESS: The Judiciary in Illiberal States

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Zdeněk Kühn, “SPECIAL ISSUE: JUDGES UNDER STRESS: The Judiciary in Illiberal States.” German Law Journal, vol. 22, no. 7 (2021): 1231-1246 Summary: This work deals with the actual functioning of the judicial power and the limits of its independence facing an illiberal or authoritarian state. The work offers a skeptical analysis of the past and especially …

Helmke (2010), “Public Support and Judicial Crises in Latin America”

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Gretchen Helmke, “Public Support and Judicial Crises in Latin America.” University of Pennsylvania Journal of Constitutional Law, vol. 13, no. 2 (2010): 397-411 Summary: How do courts establish their power? What conditions undermine it? The answer hinges on how aligned judges are with public opinion. Drawing on the history of the United States Supreme Court, …

Gyöngyi (2024), “The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay”

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Petra Gyöngyi, “The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay.” International Journal of the Law in Context (UK), vol. 20, no. 2 (2024):  pp.166-183. Summary: Hungary and Poland have been in the spotlight regarding their democratic backsliding, with Executives exerting control …

Solomon (2008),“Judicial Power in Authoritarian States: The Russian Experience.”

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Peter H Solomon. “Judicial Power in Authoritarian States: The Russian Experience,” Chapter. In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, 261–82. Cambridge: Cambridge University Press, 2008. Summary: Like their democratic counterparts, authoritarian rulers need effective courts to perform the basic functions of courts – to resolve …

Moustafa (2007), “The Politics of Domination: Law and Resistance in Authoritarian States.”

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Tamir Moustafa. “The Politics of Domination: Law and Resistance in Authoritarian States,” Chapter. In The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. 19–56. Cambridge: Cambridge University Press, 2007. Summary: The thought of judicial institutions in authoritarian states typically conjures up the image of state security courts with no standards of due process, handpicked …

Moustafa (2007), “Introduction: Law versus the State”

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Tamir Moustafa. “Introduction: Law versus the State,” In The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. 1-18. Cambridge: Cambridge University Press, 2007. Summary: The article explores why an entrenched authoritarian regime would establish an independent constitutional court through a case study of Egypt. Although the ruling regime exerts its influence on all facets …