J. Yam, “Judging Under Authoritarianism.” Mod Law Rev., vol. 87, no.4 (2024): 894-925. Summary: Authoritarianism has significant implications for how judges should discharge their duties. How should judges committed to constitutionalism conduct themselves when under …
Evidence of Judges Resisting Democratic Decline
Trochev, Solomon (2018), “Authoritarian constitutionalism in Putin’s Russia: A pragmatic constitutional court in a dual state”
Alexei Trochev & Peter Solomon, “Authoritarian constitutionalism in Putin’s Russia: A pragmatic constitutional court in a dual state.” Communist and Post-Communist Studies, vol 51, no 3 (2018): 201-214. Summary: This article analyzes the successful adaptation of …
Huneeus, Couso, Sieder (2010), “Cultures of Legality: Judicialization and Political Activism in Contemporary Latin America.”
Alexandra Huneeus, Javier Couso, and Rachel Sieder. “Cultures of Legality: Judicialization and Political Activism in Contemporary Latin America,” In Cultures of Legality: Judicialization and Political Activism in Latin America. Edited by Javier Couso, Alexandra Huneeus, …
Fu (2016), “Building Judicial Integrity in China.”
Hualing Fu, “Building Judicial Integrity in China.” Hastings Int’l & Comp. L. Rev, vol. 39, no. 1 (2016): 167-181. Summary: Since the late 1970s, the Chinese judiciary has undergone a continuous reform process of professionalization and …
Hilbink (2007), “Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile,”
Lisa Hilbink, Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile. Cambridge: Cambridge University Press, 2007. Summary: Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, …
Abouharb, Moyer, Schmidt (2013), “De Facto Judicial Independence and Physical Integrity Rights.”
Abouharb, M. Rodwan, Laura P. Moyer, and Megan Schmidt, “De Facto Judicial Independence and Physical Integrity Rights.” Journal of Human Rights, vol. 12, no. 4 (2013): 367–96. Summary: Economists, political scientists, and legal scholars have argued …
Verdugo (2021), “How Judges Can Challenge Dictators and Get Away with It: Advancing Democracy while Preserving Judicial Independence”
Sergio Verdugo, “How Judges Can Challenge Dictators and Get Away with It: Advancing Democracy while Preserving Judicial Independence.” Columbia Journal of Transnational Law, vol. 59, no. 3 (2021): 554-607 Summary: The literature on constitutional courts in …
Trochev, Ellett (2014), “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.”
Alexei Trochev and Rachel Ellett, “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.” Journal of Law and Courts, vol. 2, no. 1 (2014): 67–91. Summary: The social construction of judicial power …
Schaff (2021), “Contentious Politics in the Courthouse: Law as a Tool for Resisting Authoritarian States in the Middle East”
Steven D Schaff, “Contentious Politics in the Courthouse: Law as a Tool for Resisting Authoritarian States in the Middle East.” Law & Society Review, vol. 55, no. 1 (2021): 139-176 Summary: Under what conditions will individuals …
Kureshi (2021), “When Judges Defy Dictators: An Audience-Based Framework to Explain the Emergence of Judicial Assertiveness against Authoritarian Regimes”
Yasser Kureshi, “When Judges Defy Dictators: An Audience-Based Framework to Explain the Emergence of Judicial Assertiveness against Authoritarian Regimes.” Comparative Politics, vol. 53, no. 2 (2021): 233–55, 1–2. Summary: The article explores the conditions under which …