Hugh Corder and Cora Hoexter, “‘Lawfare’ in South Africa and Its Effects on the Judiciary.” African Journal of Legal Studies, vol. 10, no. 2-3 (2017): 105-126 Summary: This article identifies three senses of the term ‘lawfare’ in the South African context. In the first and most standard sense of the term, law was abused by the …
Mariana Llanos, Cordula Tibi Weber, Charlotte Heyl, and Alexander Stroh, “Informal Interference in the Judiciary in New Democracies: A Comparison of Six African and Latin American Cases.” Democratization, vol. 23, no. 7 (2016): 1236–53. Summary: This article focuses on the efforts of power holders – at the executive or the legislative level – to influence …
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 …
Aylin Aydin, “Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition.” Law & Society Review, vol. 47, no. 1 (2013): 105–34. Summary: One of the most prominent explanations of the creation and maintenance of independent judiciary is the “insurance theory” that proposes a positive relationship between political competition and judicial independence. But, does …
Juan Guzmán, “The Chilean Dictatorship and the Judiciary.” California Western International Law Journal, Vol. 44, No. 2 (2014): 207-216 Summary: The Chilean judiciary was considered to be traditionally independent up until 1970, when Salvador Allende was elected President of the country. But during Allende’s government the judiciary started to lose its objectivity and independence. During the …
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 have conceptualized the forms and grounds of such resistance as well as the response of international courts. Yet, in focusing …
Azul A. Aguiar Aguilar, Rodrigo Castro Cornejo, Alejandro Monsiváis-Carrillo, “Is Mexico at the Gates of Authoritarianism?” Journal of Democracy, Vol. 36, no.1 (2025): 50-64. Summary: Mexico might be on the verge of becoming one of the latest additions to the list of competitive authoritarian regimes. By the end of the term of President Andrés Manuel …
Lauren A. McCarthy, “Oversight of the Legal System in an Authoritarian Regime: Police and Court Monitoring in Russia.” Journal of Law and Courts, vol. 13, no. 1 (2025): 195-219. Summary: How can citizens in authoritarian regimes exercise oversight of the legal system? McCarthy examines police and court monitoring, bottom-up oversight activities popular in pre-war Russia …
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 & Policy, “Global Perspectives on Judicial Politics and Democratic Backsliding,” Dichio critically examines the paradoxical role of courts during episodes …
Berk Esen, “Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case.” Law and Policy, vol. 47, no.1 (2025): e12250. Summary: What accounts for the variation in the judiciary’s ability to serve as a democratic guardrail under populist rule? This article contends that populist governments use judicial activism against their political agenda to …