In a speech at the Ninth Circuit’s judicial conference, U.S. Supreme Court Justice Elena Kagan expressed strong concerns about the Court’s increasing reliance on the “shadow docket” — emergency rulings issued without full briefing, oral …
Archive
Crouch (2023), “Judicial Loyalty to the Military in Authoritarian Regimes: How the Courts Are Militarized in Myanmar.”
Melissa Crouch, “Judicial Loyalty to the Military in Authoritarian Regimes: How the Courts Are Militarized in Myanmar.” Law & Social Inquiry, vol. 48, no. 2 (2023): 632–59. Summary: While scholars have considered the role of …
Landau, Dixon (2020), “Abusive Judicial Review: Courts Against Democracy.”
David Landau and Rosalind Dixon, “Abusive Judicial Review: Courts Against Democracy.” UC Davis Law Review, vol. 53, no. 3 (2020): 1313-1387. Summary: Both in the United States and around the world, courts are generally conceptualized …
Liu, Su, Su, Wang (2024), “The Law or the Career? Autocratic Judiciaries, Strategic Sentencing, and Political Repression.”
Howard Liu., Su, Ching-Hsuan Su., & Yi-Ting Wang, “The Law or the Career? Autocratic Judiciaries, Strategic Sentencing, and Political Repression.” Comparative Political Studies, https://doi.org/10.1177/00104140241290212, (2024) Summary: Why do judges sometimes act against autocrats’ will, even …
Graver (2018), “Judicial Independence Under Authoritarian Rule: An Institutional Approach to the Legal Tradition of the West.”
Hans Petter Graver, “Judicial Independence Under Authoritarian Rule: An Institutional Approach to the Legal Tradition of the West.” Hague Journal on the Rule of Law, vol. 10, no. 2 (2018): 317-339. Summary: The autonomy of …
Ellett (2013), “Pathways to Judicial Power in Transitional States: Perspectives from African Courts.”
Rachel Ellett, Pathways to Judicial Power in Transitional States: Perspectives from African Courts (1st ed.). London: Routledge, 2013. Summary: This book examines the complex relationship that exists between the construction of judicial power, and the …
Fombad (2024), “The Judiciaries of Africa at a Crossroads: Can they Counter the Wave of Authoritarian Resurgence?”
Charles Fombad. “The Judiciaries of Africa at a Crossroads: Can they Counter the Wave of Authoritarian Resurgence?”, In Judicial Independence in Transitional Democracies. Edited by Nauman Reayat, Rhona K. M. Smith, Moohyung Cho, pp. 12-37. …
Massoud (2020), “The Rule of Law in Fragile States: Dictatorship, Collapse, and the Politics of Religion in Post-Colonial Somalia.”
Mark Fathi Massoud, “The Rule of Law in Fragile States: Dictatorship, Collapse, and the Politics of Religion in Post-Colonial Somalia.” Journal of Law and Society, vol. 47, no. 1 (2020): 111-125. Summary: The fate of …
Fombad (2012), “Some Perspectives on the Prospects for Judicial Independence in Post-1990 African Constitutions.”
Charles Manga Fombad, “Some Perspectives on the Prospects for Judicial Independence in Post-1990 African Constitutions.” The Denning Law Journal, vol. 16, no.1 (2012): 17-43 Summary: According to popular wisdom, judicial independence and the rule of …
Helmke, Rosenbluth (2009), “Regimes and the Rule of Law: Judicial Independence in Comparative Perspective.”
Gretchen Helmke and Frances Rosenbluth, “Regimes and the Rule of Law: Judicial Independence in Comparative Perspective.” Annual Review of Political Science, vol. 12, no. 1 (2009): 345-366. Summary: According to popular wisdom, judicial independence and …