University of Wisconsin–Madison

Author: erandle2

Sari (2025), “Guarding the Constitution in Silence: How Judges Experience Independence Under Executive Pressure.”

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Retno Dewi Pulung Sari, “Guarding the Constitution in Silence: How Judges Experience Independence Under Executive Pressure.” Hukmuna: Journal of Law and Policy, vol. 1, no. 6 (2025): 234-241 Summary: Judicial independence is a cornerstone of constitutional law, especially in transitional democracies where political pressures challenge institutional integrity. While prior research has examined legal frameworks and formal …

Crouch (2023), “Judicial Loyalty to the Military in Authoritarian Regimes: How the Courts Are Militarized in Myanmar.”

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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 courts in authoritarian regimes generally, less attention has been paid to judicial-military relations. In this article Crouch considers how courts …

Landau, Dixon (2020), “Abusive Judicial Review: Courts Against Democracy.”

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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 as the last line of defense for the liberal democratic constitutional order. But this Article shows that it is not …

Liu, Su, Su, Wang (2024), “The Law or the Career? Autocratic Judiciaries, Strategic Sentencing, and Political Repression.”

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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 without judicial independence and tenure security? Contrary to the theory of strategic defection under weak governments, this behavior can also …

Graver (2018), “Judicial Independence Under Authoritarian Rule: An Institutional Approach to the Legal Tradition of the West.”

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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 legal institutions is put on the most severe test when they are under attack by other organs of the state. …

Ellett (2013), “Pathways to Judicial Power in Transitional States: Perspectives from African Courts.”

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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 institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power …

Fombad (2024), “The Judiciaries of Africa at a Crossroads: Can they Counter the Wave of Authoritarian Resurgence?”

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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. London: Routledge, 2024. Summary:Much progress was made during the post-1990 constitutional reforms in Africa to make courts more independent and …

Massoud (2020), “The Rule of Law in Fragile States: Dictatorship, Collapse, and the Politics of Religion in Post-Colonial Somalia.”

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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 the rule of law in fragile states rests in religious politics. Three defining periods of Somali politics illustrate this argument. …

Fombad (2012), “Some Perspectives on the Prospects for Judicial Independence in Post-1990 African Constitutions.”

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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 law are essential features of modern democracy. Drawing on the growing comparative literature on courts, Helmke and Rosenbluth unpack this …

Helmke, Rosenbluth (2009), “Regimes and the Rule of Law: Judicial Independence in Comparative Perspective.”

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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 the rule of law are essential features of modern democracy. Drawing on the growing comparative literature on courts, Helmke and …