University of Wisconsin–Madison

Archive

Gyöngyi (2024), “The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay”

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Petra Gyöngyi, “The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay.” International Journal of the Law in Context (UK), vol. 20, no. 2 (2024):  pp.166-183. Summary: Hungary and Poland have been in the spotlight regarding their democratic backsliding, with Executives exerting control …

Solomon (2008),“Judicial Power in Authoritarian States: The Russian Experience.”

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Peter H Solomon. “Judicial Power in Authoritarian States: The Russian Experience,” Chapter. In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, 261–82. Cambridge: Cambridge University Press, 2008. Summary: Like their democratic counterparts, authoritarian rulers need effective courts to perform the basic functions of courts – to resolve …

Moustafa (2007), “The Politics of Domination: Law and Resistance in Authoritarian States.”

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Tamir Moustafa. “The Politics of Domination: Law and Resistance in Authoritarian States,” Chapter. In The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. 19–56. Cambridge: Cambridge University Press, 2007. Summary: The thought of judicial institutions in authoritarian states typically conjures up the image of state security courts with no standards of due process, handpicked …

Moustafa (2007), “Introduction: Law versus the State”

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Tamir Moustafa. “Introduction: Law versus the State,” In The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. 1-18. Cambridge: Cambridge University Press, 2007. Summary: The article explores why an entrenched authoritarian regime would establish an independent constitutional court through a case study of Egypt. Although the ruling regime exerts its influence on all facets …

Ginsburg, Moustafa (2008), “Introduction: The Functions of Courts in Authoritarian Politics”

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Tom Ginsburg and Tamir Moustafa. “Introduction: The Functions of Courts in Authoritarian Politics,” Introduction. In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, 1–22. Cambridge: Cambridge University Press, 2008. Summary: Political developments in the late twentieth century dramatically increased the importance of courts and judges for …

Ginsburg, Moustafa (2008), “Rule by Law: The Politics of Courts in Authoritarian Regimes”

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Tom Ginsburg and Tamir Moustafa, eds. Rule by Law: The Politics of Courts in Authoritarian Regimes. Cambridge: Cambridge University Press, 2008. Summary: Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies …