This article reflects on the global expansion of judicial review, emphasizing how courts—both in liberal and non-liberal democracies—strategically position themselves in shaping public policy.
Bibliography of Scholarly Work
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Feely (2015), “An Introduction to Lawyering for the Rule of Law”
This article introduces a symposium on Yoav Dotan’s Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel, a landmark study of how state attorneys can both constrain and enable government power.
Benny, Veitch, Hualing, and Cullen (2020), “Pursuing Democracy In An Authoritarian State: Protest And The Rule Of Law In Hong Kong”
This article examines the Occupy Central (OC) trial in Hong Kong as a pivotal moment in the legal and political struggle against authoritarian backsliding.
Ipsen (2020), “Repeat Players, The Law, And Social Change: Redefining The Boundaries Of Environmental And Labor Governance Through Preemptive And Authoritarian Legality”
This article highlights how attorneys are central to these strategies, revealing the political role of legal professionals in reinforcing corporate power under weakened democratic institutions.
Prempeh (2000), “Lawyers and Liberal Democracy.”
This analysis revisits Alexis de Tocqueville’s reflections on the essential role lawyers play in sustaining liberal democracy, especially in guarding against the excesses of majoritarian rule.
Pereira (2003), “Explaining Judicial Reform Outcomes in New Democracies: The Importance of Authoritarian Legalism in Argentina, Brazil, and Chile”
This article investigates how the legacies of authoritarian legal systems influence the capacity of attorneys to drive judicial reform in emerging democracies, with case studies from Chile, Argentina, and Brazil.
Barrow (2022), “Beyond the Courtroom: Lawyer Activism and Resistance in Hong Kong”
This chapter explores the critical role attorneys play as defenders of the rule of law in backsliding democracies, using Hong Kong as a case study.
Crouch (2023), “Judicial Loyalty to the Military in Authoritarian Regimes: How the Courts Are Militarized in Myanmar.”
Melissa Crouch, “Judicial Loyalty to the Military in Authoritarian Regimes: How the Courts Are Militarized in Myanmar.” Law & Social Inquiry, vol. 48, no. 2 (2023): 632–59. Summary: While scholars have considered the role of …
Landau, Dixon (2020), “Abusive Judicial Review: Courts Against Democracy.”
David Landau and Rosalind Dixon, “Abusive Judicial Review: Courts Against Democracy.” UC Davis Law Review, vol. 53, no. 3 (2020): 1313-1387. Summary: Both in the United States and around the world, courts are generally conceptualized …
Liu, Su, Su, Wang (2024), “The Law or the Career? Autocratic Judiciaries, Strategic Sentencing, and Political Repression.”
Howard Liu., Su, Ching-Hsuan Su., & Yi-Ting Wang, “The Law or the Career? Autocratic Judiciaries, Strategic Sentencing, and Political Repression.” Comparative Political Studies, https://doi.org/10.1177/00104140241290212, (2024) Summary: Why do judges sometimes act against autocrats’ will, even …