Landau, D., & Dixon, R. (2019). Abusive judicial review: courts against democracy. UC Davis L. Rev., 53, 1313. Both in the United States and around the world, courts are generally conceptualized as the last line of defense for the liberal democratic constitutional order. But this Article shows that it is not uncommon for judges to issue decisions …
Helmke, G. (2004). Courts under constraints: judges, generals, and presidents in Argentina. Cambridge University Press. This study offers a theoretical framework for understanding how institutional instability affects judicial behavior under dictatorship and democracy. In stark contrast to conventional wisdom, the central findings of the book contradict some assumptions that only independent judges rule against the government …
Gibler, D. M., & Randazzo, K. A. (2011). Testing the effects of independent judiciaries on the likelihood of democratic backsliding. American Journal of Political Science, 55(3), 696-709. The authors test the efficacy of judicial independence in preventing regime reversals toward authoritarianism. Using a dataset of judicial constraints across 163 different countries from 1960 to 2000, they find …
Castagnola, A. (2017). Manipulating courts in new democracies: forcing judges off the bench in Argentina. Routledge. When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina’s National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory …
Bakiner, O. (2020). Endogenous sources of judicial power: parapolitics and the Supreme Court of Colombia. Comparative Politics, 52(4), 603-624. Courts’ legal-constitutional authority, strategic interactions with elected branches, and ideational factors are acknowledged as rival theoretical frameworks of judicial power, i.e. courts’ legal and practical power to make and enforce decisions, including politically assertive ones. This …
Bakiner, O. (2016). Judges Discover Politics: Sources of Judges’ Off-Bench Mobilization in Turkey. Journal of Law and Courts, 4(1), 131-157. When do judges initiate public action outside the courtroom? What kinds of political activities do they engage in? What are the consequences of their interactions with social and political actors? This article investigates judges’ efforts to influence …
Israel’s Supreme Court ruled that the government’s effort to dismiss Attorney General Gali Baharav-Miara was unlawful, reinforcing judicial checks on executive power. In a decision issued by a seven-judge panel, the Court held that the cabinet’s March no-confidence vote against Baharav-Miara was null and void because it bypassed the legally required procedure, which mandates consultation …
In a significant ruling, the U.S. Supreme Court temporarily blocked the Trump administration from deploying National Guard troops to the Chicago area, delivering one of its first major setbacks to Trump’s expansive claims of executive power in months. The decision was heavily influenced by an unusual source: a friend-of-the-court brief submitted by Georgetown law professor …
A federal judge in Washington has blocked the Trump administration from revoking the security clearance of Mark Zaid, a prominent attorney known for representing whistleblowers and national security officials. Judge Amir Ali ruled that the presidential memorandum targeting Zaid amounted to improper political retribution and could not be used to penalize a lawyer for representing …
A coalition of attorneys general from 21 U.S. states and the District of Columbia has filed a lawsuit to block the Trump administration’s effort to defund the Consumer Financial Protection Bureau (CFPB). The suit argues that the administration’s refusal to request funding from the Federal Reserve is unlawful and violates Congress’s constitutional authority, effectively undermining …