Tamir Moustafa, “Law versus the State: The Judicialization of Politics in Egypt.” Law & Social Inquiry 28, no. 4 (2003): 883–930. Summary: Why would an authoritarian regime empower a constitutional court? Moustafa explains Egypt’s paradox by arguing that the regime created an independent Supreme Constitutional Court (SCC) chiefly to make credible commitments to protect property …
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 …
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 …
Rachel E Bowen. The Achilles Heel of Democracy: Judicial Autonomy and the Rule of Law in Central America. Cambridge: Cambridge University Press, 2017. Summary: Featuring the first in-depth comparison of the judicial politics of five under-studied Central American countries, The Achilles Heel of Democracy offers a novel typology of ‘judicial regime types’ based on the political …
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 …
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 …
Kirk A. Randazzo., Douglas M. Gibler., & Rebecca Reid, “Examining the Development of Judicial Independence.” Political Research Quarterly, vol. 69, no. 3 (2016): pp. 583-593. Summary: Scholars who examine judicial independence offer various theories regarding its development. Some argue that it serves as a type of insurance for regimes who believe their majority status is …
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 …
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 …
B.J. Kyle, A.G. Reiter, Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice (1st ed.). London: Routledge, 2021. Summary: The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain …