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, shape interactions between the state and society, and under certain conditions, become spaces for legal resistance. This body of work provides new insights into how legal professionals operate within authoritarian or backsliding systems, sometimes reinforcing state authority and at other times facilitating rights-based challenges. The article situates this research within broader debates on authoritarian resilience, regime change, human rights, and the global decline of democratic norms. It emphasizes the evolving role of courts and legal actors not only in autocratic contexts but also in democracies experiencing democratic backsliding, where legal institutions may simultaneously uphold and erode rights.