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 …
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 …
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 …
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, …
Margaret L Satterthwaite, “Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.” Rutgers University Law Review, vol. 76 (2023): 1147-1188. Summary: This article addresses the critical role of an independent and effective judiciary in safeguarding democracy amid rising global autocratization. It highlights how autocratic and authoritarian leaders—often initially elected—use a range of strategies …
Mark J. Osiel, “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil.” Law & Social Inquiry, vol. 20, no. 2 (1995): 481-560. Summary: This article explores how judges respond to authoritarian pressure by analyzing judicial behavior under military rule in Argentina and Brazil. It investigates whether particular theories of legal interpretation—such as positivism, legal realism, or …
Jose J. Toharia, “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain.” Law & Society Review, vol. 9, no. 3 (1975): 475-496. Summary: This article challenges the reliability of global indicators in assessing judicial independence in Latin America, arguing that such metrics often overlook the complexity of judicial behavior in politically repressive contexts. While …
In April 2025, President Donald J. Trump issued an Executive Order targeting the law firm Susman Godfrey LLP based on the clients it represents and the causes it supports. This opinion from the U.S. District Court for D.C. finds the order unconstitutional, citing grave violations of free speech, due process, and separation of powers.
In this captivating talk, ABA President Bill Bay delivers a powerful message on the vital importance of defending justice and upholding the rule of law. Drawing on his extensive legal experience, Bay emphasizes the fundamental role of legal institutions in preserving democracy and protecting individual rights. He discusses key challenges facing the legal system today, …
In a rare and sweeping legal move, the U.S. Department of Justice has sued all federal judges in Maryland, accusing them of overstepping their authority by issuing automatic injunctions that block immigrant removals without case-by-case review. The complaint warns that these standing orders unlawfully tie the hands of federal immigration authorities and undermine the balance of powers between the judiciary and the executive branch.