Dilek Kurban, “Authoritarian Resistance and Judicial Complicity: Turkey and the European Court of Human Rights.” European Journal of International Law, Vol. 35, No. 2 (2024): 355–387 Summary: International courts face growing contestations to their authority. Scholars …
Evidence of Judges Resisting Democratic Decline
Requa (2012), “A Human Rights Triumph? Dictatorship-era Crimes and the Chilean Supreme Court.”
Marny A. Requa, “A Human Rights Triumph? Dictatorship-era Crimes and the Chilean Supreme Court.” Human Rights Law Review, Vol. 12, No. 1 (2012): 79–106 Summary: This article assesses the dramatic shift in Chilean Supreme Court …
Dichio (2024), “Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline.”
Michael A. Dichio, “Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline.” Law and Policy, vol. 47, no. 1 (2025): e12251. Summary: In this introductory essay to the special issue of Law …
Botero, Garcia-Holgado (2024), “Judges under stress: The Argentine Supreme Court (2003-2023) and the Colombian Constitutional Court (2002-2023) amid polarization.”
Sandra Botero, Benjamin Garcia-Holgado, “Judges under stress: The Argentine Supreme Court (2003-2023) and the Colombian Constitutional Court (2002-2023) amid polarization.” International Journal of Constitutional Law, Vol. 22, no.5 (December 2024): 1424-1448 Summary: In this article, …
Garcia-Holgado (2025), “Overruling the Executive: Judicial Strategies to Resist Democratic Erosion.”
Benjamin Garcia-Holgado, “Overruling the Executive: Judicial Strategies to Resist Democratic Erosion.” Journal of Laws and Courts, vol. 13, no.1 (April 2025): 274-303. Summary: How can autonomous apex courts with specific attitudes and role conceptions counter executive …
Khosla (2025), “The Authoritarian Argument.”
Madhav Khosla, “The Authoritarian Argument.” Journal of Democracy, vol. 36, no. 3 (2025): 47-62. Summary: The article rethinks the role of courts and judge in the autocratization process based on the case of Pakistan. It …
Wang (2020), “The More Authoritarian, the More Judicial Independence? The Paradox of Court Reforms in China and Russia.”
Yueduan Wang, “The More Authoritarian, the More Judicial Independence? The Paradox of Court Reforms in China and Russia.” University of Pennsylvania Journal of Constitutional Law, Vol. 22, no. 2 (2020): 529-560. Summary: Drawing conclusions largely …
Smith (2022), “Judges and Democratization: Judicial Independence in New Democracies”
B.C. Smith, Judges and Democratization: Judicial Independence in New Democracies (2nd ed.). Oxfordshire: Routledge, 2022. Summary: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be …
Moustafa (2014), “Law and Courts in Authoritarian Regimes.”
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 …
Osiel (1995), “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil,”
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 …