Margaret L Satterthwaite, “Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.” Rutgers University Law Review, vol. 76 (2023): 1147-1188.
Summary: This article addresses the critical role of an independent and effective judiciary in safeguarding democracy amid rising global autocratization. It highlights how autocratic and authoritarian leaders—often initially elected—use a range of strategies to undermine judicial independence and weaken democratic institutions beyond elections. The article proposes a four-part typology of these tactics: capturing judicial bodies through increased executive or legislative control, curbing the judiciary’s overall power, instrumentalizing legal institutions to exert political influence over judges and prosecutors, and weaponizing the justice system through unlawful acts like arbitrary detention and violence against legal professionals. It emphasizes the essential roles of judges, prosecutors, lawyers, and community justice workers in upholding the rule of law, human rights, and democratic participation. The article concludes with recommendations for legal actors, states, and international bodies to resist these autocratic strategies and protect democratic governance. This study underscores the complex challenges faced by legal professionals in backsliding democracies and their pivotal position in defending judicial autonomy.