Category: Judges as Targets of Democratic Decline

Meyer (2018), “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.”

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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 that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences …

Kim (2015), “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.”

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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 of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of …

Dressel, Bonoan (2024), “Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines

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Björn Dressel and Cristina Regina Bonoan, “ Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines.” Law & Policy, vol. 46, no. 3 (2024): 277–297.  Summary: Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia’s most important presidential regimes: the Philippines and Indonesia. In the Philippines, President …

Satterthwaite (2023), Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.”

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Margaret L  Satterthwaite, “Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.” Rutgers University Law Review, vol. 76 (2023): 1147-1188. Summary: This article addresses the critical role of an independent and effective judiciary in safeguarding democracy amid rising global autocratization. It highlights how autocratic and authoritarian leaders—often initially elected—use a range of strategies …

Osiel (1995), “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil,”

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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 under military rule in Argentina and Brazil. It investigates whether particular theories of legal interpretation—such as positivism, legal realism, or …

Sun, Fu (2022), “Of Judge Quota and Judicial Autonomy: An Enduring Professionalization Project in China.”

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Ying Sun and Hualing Fu, “Of Judge Quota and Judicial Autonomy: An Enduring Professionalization Project in China.” The China Quarterly, vol. 251 (2022): 866–87.  Summary: This article presents the findings of original research on “judge quota” reform. The reform’s agenda was essentially aimed at professionalization: by edging out a given percentage of judges, only the better …

Ng, Hang, He (2017), “Embedded Courts: Judicial Decision-Making in China”

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Kwai Ng, Hang, and Xin He, Embedded Courts: Judicial Decision-Making in China. Cambridge: Cambridge University Press, 2017. Summary: Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse …

Liebman (2007), “China’s Courts: Restricted Reform”

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Benjamin L Liebman, “China’s Courts: Restricted Reform.” The China Quarterly, no. 191 (2007): 620–38. Summary: Recent developments in China’s courts reflect a paradox largely avoided in literature on the subject: Can China’s courts play an effective role in a non-democratic governmental system? Changes to courts’ formal authority have been limited, courts still struggle to address basic …

Liebman (2011), “A Populist Threat to Chinese Courts?”

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Liebman, Benjamin L. “A Populist Threat to China’s Courts?,” in Chinese Justice: Civil Dispute Resolution in Contemporary China. Edited by Margaret Y. K. Woo & Mary E. Gallagher, pp. 269-313. Cambridge: Cambridge University Press (2011). Summary: Is the Chinese party-state too responsive to public opinion? In the case of the courts, this may be the …

Graver (2014), Judges Against Justice: On Judges When the Rule of Law is Under Attack.

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Hans Petter Graver, Judges Against Justice: On Judges When the Rule of Law is Under Attack. New York City: Springer, 2014.  Summary: This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: …