Trochev & Ellett. (2014). “Judges and their allies: rethinking judicial autonomy through the prism of off-bench resistance”

Trochev, A., & Ellett, R. (2014). Judges and their allies: rethinking judicial autonomy through the prism of off-bench resistance. Journal of Law and Courts2(1), 67-91.

 

The social construction of judicial power is a complicated process, especially in hybrid political regimes. The authors argue that off-bench resistance against blatant interference supported by vibrant social networks is an important manifestation of judicial autonomy. By drawing on evidence from field research, media coverage, and the existing scholarly literature, they clarify the logic of off-bench judicial resistance against external interference, outline a taxonomy of five strategies of resistance in hybrid regimes, and explain the political implications of off-bench judicial behavior.

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