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.
Bibliography of Scholarly Work
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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 …
Graver (2018), “Judicial Independence Under Authoritarian Rule: An Institutional Approach to the Legal Tradition of the West.”
Hans Petter Graver, “Judicial Independence Under Authoritarian Rule: An Institutional Approach to the Legal Tradition of the West.” Hague Journal on the Rule of Law, vol. 10, no. 2 (2018): 317-339. Summary: The autonomy of …
Ellett (2013), “Pathways to Judicial Power in Transitional States: Perspectives from African Courts.”
Rachel Ellett, Pathways to Judicial Power in Transitional States: Perspectives from African Courts (1st ed.). London: Routledge, 2013. Summary: This book examines the complex relationship that exists between the construction of judicial power, and the …
Fombad (2024), “The Judiciaries of Africa at a Crossroads: Can they Counter the Wave of Authoritarian Resurgence?”
Charles Fombad. “The Judiciaries of Africa at a Crossroads: Can they Counter the Wave of Authoritarian Resurgence?”, In Judicial Independence in Transitional Democracies. Edited by Nauman Reayat, Rhona K. M. Smith, Moohyung Cho, pp. 12-37. …