This page features a curated selection of scholarly works from around the world that examine the role of judges in democratic decline and resistance to authoritarianism. The bibliography includes books, articles, and working papers from a range of disciplines — including law, political science, and sociology — that explore how legal professionals respond to democratic erosion, repression, and state capture.
Judges as targets of democratic decline
Kosař & Šipulová (2017), “The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law”
Kosař, David & Šipulová, Katarína. The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law. Hague Journal on the Rule of Law, 10, 83–110 (2018). Published online November 2, 2017. DOI: …
November 29, 2025Gárdos-Orosz & Szente (2021), Populist Challenges to Constitutional Interpretation in Europe and Beyond
Gárdos-Orosz, Fruzsina & Szente, Zoltán (eds.). Populist Challenges to Constitutional Interpretation in Europe and Beyond. Routledge, Taylor & Francis, 2021. DOI: 10.4324/9781003148944. Available at: https://library.oapen.org/handle/20.500.12657/49404 This edited volume examines how populist governments and movements …
November 29, 2025Kapiszewski (2011), “Tactical Balancing: High Court Decision Making on Politically Crucial Cases”
Kapiszewski, Diana. Tactical Balancing: High Court Decision Making on Politically Crucial Cases (2011). Law & Society Review, 45(2), 471–506. https://doi.org/10.1111/j.1540-5893.2011.00437.x High court decision making in politically sensitive cases cannot be fully understood through ideological or …
November 29, 2025Garcia Holgado & Sánchez Urribarri (2023), “Court-packing and democratic decay: A necessary relationship?”
Garcia Holgado, Benjamin & Sánchez Urribarri, Raúl. Court-packing and democratic decay: A necessary relationship? Global Constitutionalism 12(2): 350–377 (2023). This article challenges the common assumption that court-packing and democratic erosion are inherently linked. Drawing on …
November 29, 2025Gamboa et al. (2024), “Courts against backsliding: Lessons from Latin America”
Gamboa, Laura; García-Holgado, Benjamín; & González-Ocantos, Ezequiel. Courts against backsliding: Lessons from Latin America. Law & Policy 46(4): 358–379 (2024). Across Latin America’s recent wave of democratic erosion, courts have often been portrayed as victims …
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Evidence of Judges Resisting Democratic Decline
Piana (2010), “Judicial Accountabilities in New Europe: From Rule of Law to Quality of Justice.”
Daniela Piana, Judicial Accountabilities in New Europe: From Rule of Law to Quality of Justice (1st ed.). London: Routledge, 2010. Summary: This volume focuses on a highly challenging aspect of all European democracies, namely the issue …
August 31, 2025Gerzso (2023), “Judicial resistance during electoral disputes: Evidence from Kenya.”
Thalia Gerzso,”Judicial resistance during electoral disputes: Evidence from Kenya.” Electoral Studies, vol.85 (2023), https://doi.org/10.1016/j.electstud.2023.102653. Summary: Over the last decade, African courts have played an important role in the conduct of free and fair elections. In Kenya, …
August 31, 2025Puleo, Coman (2023), “Explaining Judges’ Opposition When Judicial Independence Is Undermined: Insights from Poland, Romania, and Hungary.”
Leonardo Puleo, Ramona Coman, “Explaining Judges’ Opposition When Judicial Independence Is Undermined: Insights from Poland, Romania, and Hungary.” Democratization, vol. 31, no. 1 (2023): 47–69. Summary: Over the past decade, governing parties in Central and …
August 31, 2025Gamboa, García-Holgado, González-Ocantos (2024), “Courts against Backsliding: Lessons from Latin America.”
Laura Gamboa, Benjamín García-Holgado, Ezequiel González-Ocantos, “Courts against Backsliding: Lessons from Latin America.” Law & Policy, vol. 46, no. 4 (2024): 358–379. Summary: The recent wave of autocratization in Latin America has put courts at the …
August 31, 2025Chopra (2019), “Judging the Troops: Exceptional Security Measures and Judicial Impact in India.”
Surabhi Chopra, “Judging the Troops: Exceptional Security Measures and Judicial Impact in India.” Law & Social Inquiry, vol. 44, no. 3 (2019): 555–85. Summary: This Article examines a controversial national security measure: the use of the …
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Evidence of Judges Aiding Democratic Decline
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