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 populist governments increasingly manipulate the judiciary to silence dissent, assuming wholesale judicial dependence risks oversimplification. Revisiting José J. Toharia’s seminal 1975 study on judicial independence under authoritarianism in Spain, the paper demonstrates its enduring relevance in understanding contemporary dynamics. It underscores the need for nuanced analysis that recognizes both the structural constraints and the agency of judges and legal professionals operating under backsliding or authoritarian regimes. The study contributes to a more accurate understanding of how judicial actors function under political pressure and cautions against blanket assumptions that obscure pockets of resistance or integrity within compromised systems.