University of Wisconsin–Madison

Author: tdacruz

Trochev & Ellett. (2014). “Judges and their allies: rethinking judicial autonomy through the prism of off-bench resistance”

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Trochev, A., & Ellett, R. (2014). Judges and their allies: rethinking judicial autonomy through the prism of off-bench resistance. Journal of Law and Courts, 2(1), 67-91. The social construction of judicial power is a complicated process, especially in hybrid political regimes. The authors argue that off-bench resistance against blatant interference supported by vibrant social networks is an …

Hilbink (2012), “The origins of positive judicial independence”

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Hilbink argues that positive judicial independence—which she defines as judges’ willingness to assert legal authority against powerful actors—cannot be explained solely by political fragmentation or formal institutional arrangements. Drawing on comparative evidence and detailed case studies of Spain and Chile, she shows that judges often behave contrary to what strategic models predict: some assert themselves …

Domingos (2000), “Judicial Independence: The Politics of the Supreme Court in Mexico”

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This article examines the role of the Supreme Court in the development of the Mexican political system. The judiciary provided an important source of regime legitimation, as it allowed for the consolidation of a state of legality and a claim to constitutional rule of law, at least in discourse. However, the judiciary was in effect …

Former Chief Justice Warns: Elected Officials Are Undermining Rule of Law in Israel

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At a major public law conference in Haifa, former Supreme Court president Esther Hayut delivered a stark warning about what she described as a growing assault on Israel’s judicial system. Hayut condemned certain elected officials for “trampling the rule of law” and for engaging in a systematic campaign to delegitimize the judiciary, including public calls …

Gerzso (2023), “Judicial resistance during electoral disputes: Evidence from Kenya”

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Gerzso, T. (2023). Judicial resistance during electoral disputes: Evidence from Kenya. Electoral Studies, 85, 102653. Over the last decade, African courts have played an important role in the conduct of free and fair elections. In Kenya, the Supreme Court nullified the presidential election of the incumbent. These rulings challenge the conventional wisdom that courts in hybrid regimes …

Featured in the Gargoyle: Learn More About the Lawyers and Democratic Decline (LADD) Project

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We are excited to share that the Gargoyle, the University of Wisconsin Law School’s alumni magazine, has published a new feature highlighting the work of Lawyers and Democratic Decline (LADD) — a global research initiative examining how lawyers and judges navigate moments of democratic crisis. As democratic backsliding accelerates worldwide, understanding the role of legal …

Poland’s Supreme Court Rejects EU Authority Over Justice System

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Poland’s rule-of-law crisis escalated after a group of Supreme Court judges—appointed during the former Law and Justice (PiS) government’s controversial judicial overhaul—issued a resolution rejecting the European Union’s right to regulate Poland’s justice system. They further claimed that no public authority may disregard their rulings, even when EU law is invoked. The session was marked …

Rule of Law Under Strain in the UK: Parliamentary Committee Warns Against Attacks on Judges

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A new report from the UK House of Lords Constitution Committee warns that personal attacks on judges—by politicians and the media—are undermining public confidence in the rule of law. While open debate about court decisions is healthy, the Committee stresses that targeting individual judges or portraying the judiciary as “activist” is unjustified and harmful. The …

Legal Experts and Lawmakers Warn Trump’s Narco-Boat Strikes Violate International Law

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A recent Washington Post investigation reported that U.S. forces conducted a second strike on survivors of an initial attack against an alleged drug-trafficking boat off the coast of Venezuela. Legal experts say such an action — intentionally killing people already incapacitated and no longer posing a threat — would violate both peacetime international human rights …

Kureshi (2025), “To Reinforce or Replace: Courts and Democratic Backsliding”

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Kureshi, Yasser. To Reinforce or Replace: Courts and Democratic Backsliding (2025). Government & Opposition. doi:10.1017/gov.2025.10015. Courts are often seen as defenders of democracy, but this article shows that empowered judiciaries can also enable democratic backsliding. Kureshi develops a framework distinguishing courts that reinforce political representation from those that replace elected institutions when fighting corruption. Through …