University of Wisconsin–Madison

Category: Judges as Targets of Democratic Decline

Ghias (2010), “Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf.”

Shoaib A Ghias, “Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf.” Law & Social Inquiry, vol. 35, no. 4 (2010): 985–1022.  Summary: This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro‐Musharraf regime judges expand judicial power, leading …

Williams, Hanson (2022), “Captured Courts and Legitimized Autocrats: Transforming Kazakhstan’s Constitutional Court.”

Nora Webb Williams, Margaret Hanson, “Captured Courts and Legitimized Autocrats: Transforming Kazakhstan’s Constitutional Court.” Law & Social Inquiry vol. 47, no. 4 (2022): 1201–33. Summary: Contemporary dictators routinely co-opt institutions crucial for democratic governance. Although an extensive literature examines why and how aspiring autocrats bring elections and parties under their control, constitutions—and the judicial or quasi-judicial …

Letsa, Morse (2023), “Autocratic Legalism, Partisanship, and Popular Legitimation in Authoritarian Cameroon.”

Natalie Wenzell Letsa, Yonatan L Morse, “Autocratic Legalism, Partisanship, and Popular Legitimation in Authoritarian Cameroon.” Public Opinion Quarterly, Vol. 87, No. 4 (2023): Pages 935–955 Summary: Authoritarian regimes regularly turn to the law to justify repression. This article examines whether invoking legal institutions has a persuasive effect on public perceptions of repression, and whether that effect …

Ibreck (2019), “South Sudan’s Injustice System: Law and Activism on the Frontline.”

Rachel Ibreck, South Sudan’s Injustice System: Law and Activism on the Frontline. London: Zed Books, 2019.  Summary: Coming into existence amid a wave of optimism in 2011, South Sudan has since slid into violence and conflict. Even in the face of escalating civil war, however, the people of the country continue to fight for justice, despite …

Letsa, Morse (2023), “Autocratic Legalism, Partisanship, and Popular Legitimation in Authoritarian Cameroon.”

Natalie Wenzell Letsa, Yonatan L Morse, “Autocratic Legalism, Partisanship, and Popular Legitimation in Authoritarian Cameroon.” Public Opinion Quarterly, vol. 87, no. 4 (2023): pp. 935-955 Summary: Authoritarian regimes regularly turn to the law to justify repression. This article examines whether invoking legal institutions has a persuasive effect on public perceptions of repression, and whether that effect …

Oseguera (2009), “Judicial Reform in Mexico: Political Insurance or the Search for Political Legitimacy?”

Silva Inclán Oseguera, “Judicial Reform in Mexico: Political Insurance or the Search for Political Legitimacy?” Political Research Quarterly, vol. 62, no. 4 (2009): pp. 753-766.  Summary: Judicial reform presents a paradox: What makes governing elites decide to grant power to an autonomous judiciary that will eventually curtail their own powers? The engagement of governing elites in …

Mochtar, Rishan (2022), “Autocratic Legalism: the Making of Indonesian Omnibus Law.”

Zainal Arifin Mochtar, Idul Rishan, “Autocratic Legalism: the Making of Indonesian Omnibus Law.” Yustisia, vol. 11, no. 1 (2022): 29-41.  Summary: The Indonesian House of Representatives’ approval of the Omnibus Law on Job Creation marks a significant enhancement of the business climate and a step forward for labor market flexibility, which should, over time, improve …

Rajah (2011), “Punishing Bodies, Securing the Nation: How Rule of Law Can Legitimate the Urbane Authoritarian State.”

Jothie Rajah, “Punishing Bodies, Securing the Nation: How Rule of Law Can Legitimate the Urbane Authoritarian State.” Law & Social Inquiry, vol. 36, no. 4 (2011): 945–70.  Summary: Although authoritarian rule of law may seem an oxymoron, strategic reconfigurations of the “rule of law” can produce acceptance of law that observes procedure while erasing rights. By …

Enayat (2013), “Law, State, and Society in Modern Iran: Constitutionalism, Autocracy, and Legal Reform, 1906-1941.”

Hadi Enayat, Law, State, and Society in Modern Iran : Constitutionalism, Autocracy, and Legal Reform, 1906-1941. New York: Palgrave Macmillan US, 1st ed. 2013. Summary: Using a ‘Historical Institutionalist’ approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law …

Chua, Haynie (2016), “Judicial Review of Executive Power in the Singaporean Context, 1965–2012.”

Lynette J. Chua, Stacia L. Haynie, “Judicial Review of Executive Power in the Singaporean Context, 1965–2012.” Journal of Law and Courts, vol. 4, no. 1 (2016): 43–64.  Summary: This article provides the first empirical analysis of court decisions that review the exercise of executive power, or judicial review, in Singapore, a single-party-dominated state known for its …