University of Wisconsin–Madison

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Özbudun (2015), “Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism.”

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Ergun Özbudun, “Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism.” The International Spectator, vol. 50, no. 2 (2015): 42–55. Summary: Turkey has always been considered an “illiberal democracy”, or in Freedom House’s terms, a “partly-free” country. In recent years, however, there has been a downward trend toward “competitive authoritarianism”. Such regimes are competitive in that opposition …

“We Could Not Remain Silent”: The Members of the Legal Profession Pursuing Ethics Investigation for AG Pam Bondi

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In this commentary, law professors Abbe Smith and Ellen Yaroshefsky reflect on the legal profession’s responsibility to uphold ethical standards, focusing on efforts to initiate an ethics investigation into former Florida Attorney General Pam Bondi. They emphasize the duty of lawyers to speak out when legal ethics are undermined, especially in politically charged contexts. The …

The Supreme Court and Congress Cede Powers to Trump and the Presidency

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In a dramatic shift, both the U.S. Supreme Court and Congress have increasingly deferred to President Donald Trump’s authority, signaling a rebalancing of constitutional powers in favor of the executive. The Supreme Court recently ruled that federal judges cannot issue nationwide injunctions on presidential actions—even if unconstitutional—and upheld presidential immunity for core official duties. Congress, …

Conservative Litigator Paul Clement to Defend Maryland Federal Judges in DOJ Lawsuit

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Prominent conservative litigator and former U.S. Solicitor General Paul Clement has been retained to defend 15 federal judges in Maryland, as well as the U.S. District Court for the District of Maryland, in a highly unusual lawsuit filed by the U.S. Department of Justice. The lawsuit, brought by the Trump administration, challenges a court order …

Meyer (2018), “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.”

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Emilio Peluso Neder Meyer, “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.” German Law Journal, vol. 19, no. 4 (2018): 727–68.  Summary: Contemporary democracies may confront several instances of exceptions that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences …

Kim (2015), “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.”

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Marie Seong-Hak Kim, “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.” The American Journal of Comparative Law, vol. 63, no. 3 (2015): 601–54.  Summary: This study addresses the urgent need for enhanced external oversight of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of …

Hamad (2018), “Judges and Generals in the Making of Modern Egypt: How Institutions Sustain and Undermine Authoritarian Regimes.”

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Mahmoud Hamad. Judges and Generals in the Making of Modern Egypt: How Institutions Sustain and Undermine Authoritarian Regimes. Cambridge: Cambridge University Press, 2018. Summary: Why do authoritarian regimes survive? How do dictators fail? What role do political institutions play in these two processes? Many of the answers to these questions can be traced to the same …

Graver (2016), “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges.”

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Hans Petter Graver, “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges”. Bergen Journal of Criminal Law & Criminal Justice, vol. 4, no.1 (2016): 125-49.  Summary: The purpose of this article is to examine how far, with due respect for the rule of law, criminal sanctions could be applied to judges for the exercise …

Dressel, Bonoan (2024), “Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines

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Björn Dressel and Cristina Regina Bonoan, “ Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines.” Law & Policy, vol. 46, no. 3 (2024): 277–297.  Summary: Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia’s most important presidential regimes: the Philippines and Indonesia. In the Philippines, President …

Moustafa (2007), “The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt.”

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Tamir Moustafa, The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. Cambridge, U.K.: Cambridge University Press, 2007. Summary: This book examines how judicial reform can both support and destabilize authoritarian regimes, using Egypt’s Supreme Constitutional Court as a case study. It investigates the paradox of a regime that created a relatively independent court to …