Scholarly Work About Judges
This page features a curated selection of scholarly works from around the world that examine the role of judges in democratic decline and resistance to authoritarianism.
The bibliography includes books, articles, and working papers from a range of disciplines — including law, political science, and sociology — that explore how legal professionals respond to democratic erosion, repression, and state capture.
Judges as Targets of Democratic Decline
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Castagnola (2017). Manipulating courts in new democracies: forcing judges off the bench in Argentina.
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…
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Bakiner (2016). “Judges Discover Politics: Sources of Judges’ Off-Bench Mobilization in Turkey”.
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…
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Kosař & Šipulová (2017), “The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law”
Kosař, David & Šipulová, Katarína. The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law. Hague Journal on the Rule of Law, 10, 83–110 (2018). Published online November…
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Gárdos-Orosz & Szente (2021), Populist Challenges to Constitutional Interpretation in Europe and Beyond
Gárdos-Orosz, Fruzsina & Szente, Zoltán (eds.). Populist Challenges to Constitutional Interpretation in Europe and Beyond. Routledge, Taylor & Francis, 2021. DOI: 10.4324/9781003148944. Available at: https://library.oapen.org/handle/20.500.12657/49404 This edited volume examines how populist governments…
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Kapiszewski (2011), “Tactical Balancing: High Court Decision Making on Politically Crucial Cases”
Kapiszewski, Diana. Tactical Balancing: High Court Decision Making on Politically Crucial Cases (2011). Law & Society Review, 45(2), 471–506. https://doi.org/10.1111/j.1540-5893.2011.00437.x High court decision making in politically sensitive cases cannot be fully understood…
Evidence of Judges Resisting Democratic Decline
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Kureshi(2022). “Seeking supremacy: The pursuit of judicial power in Pakistan”
Kureshi, Y. (2022). Seeking supremacy: The pursuit of judicial power in Pakistan. Cambridge University Press. The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential…
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Piana (2010), “Judicial Accountabilities in New Europe: From Rule of Law to Quality of Justice.”
Daniela Piana, Judicial Accountabilities in New Europe: From Rule of Law to Quality of Justice (1st ed.). London: Routledge, 2010. Summary: This volume focuses on a highly challenging aspect of all European democracies,…
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Gerzso (2023), “Judicial resistance during electoral disputes: Evidence from Kenya.”
Thalia Gerzso,”Judicial resistance during electoral disputes: Evidence from Kenya.” Electoral Studies, vol.85 (2023), https://doi.org/10.1016/j.electstud.2023.102653. Summary: Over the last decade, African courts have played an important role in the conduct of free and fair…
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Puleo, Coman (2023), “Explaining Judges’ Opposition When Judicial Independence Is Undermined: Insights from Poland, Romania, and Hungary.”
Leonardo Puleo, Ramona Coman, “Explaining Judges’ Opposition When Judicial Independence Is Undermined: Insights from Poland, Romania, and Hungary.” Democratization, vol. 31, no. 1 (2023): 47–69. Summary: Over the past decade, governing parties…
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Gamboa, García-Holgado, González-Ocantos (2024), “Courts against Backsliding: Lessons from Latin America.”
Laura Gamboa, Benjamín García-Holgado, Ezequiel González-Ocantos, “Courts against Backsliding: Lessons from Latin America.” Law & Policy, vol. 46, no. 4 (2024): 358–379. Summary: The recent wave of autocratization in Latin America has put…
Politics Within the Judicial System
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Gibler & Randazzo (2011). Testing the effects of independent judiciaries on the likelihood of democratic backsliding.
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…
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Bakiner (2020). “Endogenous sources of judicial power: parapolitics and the Supreme Court of Colombia.”
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…
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Kapiszewski (2011). “Tactical balancing: High court decision making on politically crucial cases.”
Kapiszewski, D. (2011). Tactical balancing: High court decision making on politically crucial cases. Law & Society Review, 45(2), 471-506. This article advances a new account of judicial behavior: the thesis of tactical balancing. Building…
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Hilbink (2012), “The origins of positive judicial independence”
Hilbink argues that positive judicial independence—which she defines as judges’ willingness to assert legal authority against powerful actors—cannot be explained solely by political fragmentation or formal institutional arrangements. Drawing on comparative evidence…
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Domingos (2000), “Judicial Independence: The Politics of the Supreme Court in Mexico”
This article examines the role of the Supreme Court in the development of the Mexican political system. The judiciary provided an important source of regime legitimation, as it allowed for the consolidation…