Benjamin Garcia-Holgado, “Court-Packing and Democratic Decay: A necessary relationship?” Global Constitutionalism, vol. 12, no. 2 (July 2023): 350-377 Summary: A growing body of literature on the role of courts in democratic backsliding claims that court-packing …
Judges as Targets of Democratic Decline
Garcia-Holgado, Urribarri (2024), “The Dark Side of Legalism: Abuse of the Law and Democratic Erosion in Argentina, Ecuador, and Venezuela.”
Benjamin Garcia-Holgado and Raul Sanchez Urribarri, “The Dark Side of Legalism: Abuse of the Law and Democratic Erosion in Argentina, Ecuador, and Venezuela.” American Behavioral Scientist, vol. 68, no. 12 (August 2024): 60-66. Summary: Why …
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 …
Neal, Haynie (1993), “Authoritarianism and the Functions of Courts: A Time Series Analysis of the Philippine Supreme Court, 1961–1987.”
Tate C. Neal and Stacia L. Haynie, “Authoritarianism and the Functions of Courts: A Time Series Analysis of the Philippine Supreme Court, 1961–1987.” Law & Society Review, vol. 27, no. 4 (1993): 707–40. Summary: Focusing …
Szente (2021), “Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism.”
Zoltán Szente, “Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism.” German Law Journal, vol. 22, no. 7 (2021): 1316–26. Summary: The study seeks to answer the question of whether there …
Pereira (2008), “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile”
Anthony W Pereira. “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile,” In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, …
Özbudun (2015), “Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism.”
Ergun Özbudun, “Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism.” The International Spectator, vol. 50, no. 2 (2015): 42–55. Summary: Turkey has always been considered an “illiberal democracy”, or in Freedom House’s terms, a “partly-free” country. …
Meyer (2018), “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.”
Emilio Peluso Neder Meyer, “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.” German Law Journal, vol. 19, no. 4 (2018): 727–68. Summary: Contemporary democracies may confront several instances of exceptions …
Kim (2015), “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.”
Marie Seong-Hak Kim, “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.” The American Journal of Comparative Law, vol. 63, no. 3 (2015): 601–54. Summary: This study addresses the urgent need for enhanced external oversight …