University of Wisconsin–Madison

Category: Evidence of Judges Resisting Democratic Decline

Staton, Reenock, Holsinger (2022), “Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence.”

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Jeffrey K. Staton, Christopher Reenock, and Jordan Holsinger, Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence. Cambridge: Cambridge University Press, 2022. Summary: Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that …

Helmke (2002), “The Logic of Strategic Defection: Court-Executive Relations in Argentina Under Dictatorship and Democracy.”

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Gretchen Helmke, “The Logic of Strategic Defection: Court–Executive Relations in Argentina Under Dictatorship and Democracy.” American Political Science Review, vol. 96, no. 2 (2002): 291–303.  Summary:  Building on the separation-of-powers approach in American politics, this article develops a new micro-level account of judicial decision-making in contexts where judges face institutional insecurity. Against conventional wisdom, this article …

Sadurski (2025), “Judicial Review Versus Populist Authoritarianism.”

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Wojciech Sadurski, “Judicial Review Versus Populist Authoritarianism.” Comparative Political Studies, vol. 3, no. 1 (2025): 81-105.  Summary: Populist authoritarianism is a common form of democratic backsliding these days. Can courts do anything to prevent or minimize the damage produced by the growth of such political regimes? The awareness that democracy requires judges (among other institutions) …

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 …

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 …

Enweremadu (2011), “The Judiciary and the Survival of Democracy in Nigeria: Analysis of the 2003 and 2007 Elections.”

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David Enweremadu, “The Judiciary and the Survival of Democracy in Nigeria: Analysis of the 2003 and 2007 Elections.” Journal of African Elections, vol. 10, no. 1 (2011): 114-142.  Summary: For many Nigerians, and indeed in the eyes of most foreign observers of Nigerian affairs, the restoration of democratic rule in Africa’s largest country in May …

Fombad (2021), “The Struggle to Defend the Independence of the Judiciary in Africa.”

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Charles Manga Fombad. “The Struggle to Defend the Independence of the Judiciary in Africa”. In Challenged Justice: In Pursuit of Judicial Independence. Edited by Shimon Shetreet, Hiram Chodosh, and Helland Eric, pp. 223-248. Leiden, The Netherlands: Brill | Nijhoff, 2021 Summary: By design or default, Africa’s post-independence constitutions perpetuated a system of harsh authoritarian governance in …

Huneeus (2010), “Judging from a Guilty Conscience: The Chilean Judiciary’s Human Rights Turn.”

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Alexandra Huneeus, “Judging from a Guilty Conscience: The Chilean Judiciary’s Human Rights Turn.” Law & Social Inquiry, vol. 35, no. 1 (2010): 99–135.  Summary: Since the detention of General Pinochet in London in 1998 on charges of crimes against humanity, Chile’s judges have sentenced more former officials of the military regime for human rights viohtions …

Hilbink (2021), “Constitutional Rewrite in Chile: Moving toward a Social and Democratic Rule of Law?”

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Lisa Hilbink, “Constitutional Rewrite in Chile: Moving toward a Social and Democratic Rule of Law?” Hague Journal on the Rule of Law, vol. 13, no. 2 (2021): 223-234.  Summary: Chile has often drawn the global spotlight, serving as a laboratory for some of the most dramatic political experiments of the past fifty-plus years. Popular discontent with …

KuKubal (2024), “Judicial Relational Legal Consciousness: Authoritarian Backsliding As A Catalyst Of Change.”

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Agnieszka Kubal, “Judicial Relational Legal Consciousness: Authoritarian Backsliding As A Catalyst Of Change.” Journal of Law and Society, vol. 51, (2024): 45-65. Summary: In the context of Poland’s authoritarian backsliding between 2015 and 2023, this article examines how legal professionals—particularly judges—respond to democratic erosion by reinterpreting and invoking human rights law. Some judges have taken …