University of Wisconsin–Madison

Month: July 2025

Hamad (2018), “Judges and Generals in the Making of Modern Egypt: How Institutions Sustain and Undermine Authoritarian Regimes.”

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Mahmoud Hamad. Judges and Generals in the Making of Modern Egypt: How Institutions Sustain and Undermine Authoritarian Regimes. Cambridge: Cambridge University Press, 2018. Summary: Why do authoritarian regimes survive? How do dictators fail? What role do political institutions play in these two processes? Many of the answers to these questions can be traced to the same …

Graver (2016), “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges.”

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Hans Petter Graver, “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges”. Bergen Journal of Criminal Law & Criminal Justice, vol. 4, no.1 (2016): 125-49.  Summary: The purpose of this article is to examine how far, with due respect for the rule of law, criminal sanctions could be applied to judges for the exercise …

Dressel, Bonoan (2024), “Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines

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Björn Dressel and Cristina Regina Bonoan, “ Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines.” Law & Policy, vol. 46, no. 3 (2024): 277–297.  Summary: Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia’s most important presidential regimes: the Philippines and Indonesia. In the Philippines, President …

Moustafa (2007), “The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt.”

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Tamir Moustafa, The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. Cambridge, U.K.: Cambridge University Press, 2007. Summary: This book examines how judicial reform can both support and destabilize authoritarian regimes, using Egypt’s Supreme Constitutional Court as a case study. It investigates the paradox of a regime that created a relatively independent court to …

Moustafa (2014), “Law and Courts in Authoritarian Regimes.”

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Tamir Moustafa, “Law and Courts in Authoritarian Regimes.” Annual Review of Law and Social Science, vol. 10, no.1 (2014): 281–299. Summary: This article surveys emerging research on the role of courts in authoritarian regimes, challenging earlier assumptions that they function solely as instruments of repression. It highlights how courts can serve as tools of governance, …

Satterthwaite (2023), Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.”

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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 …

Osiel (1995), “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil,”

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Mark J. Osiel, “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil.” Law & Social Inquiry, vol. 20, no. 2 (1995): 481-560.  Summary: This article explores how judges respond to authoritarian pressure by analyzing judicial behavior under military rule in Argentina and Brazil. It investigates whether particular theories of legal interpretation—such as positivism, legal realism, or …

Toharia (1975), “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain,”

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Jose J. Toharia, “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain.” Law & Society Review, vol. 9, no. 3 (1975): 475-496. Summary: This article challenges the reliability of global indicators in assessing judicial independence in Latin America, arguing that such metrics often overlook the complexity of judicial behavior in politically repressive contexts. While …