University of Wisconsin–Madison

Category: Bibliography of Scholarly Work

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Cheruvu, Khehbiel (2025), “Do Citizens in Backsliding Democracies Support International Courts’ Judicial Power? Evidence from Hungary.”

Sivaram Cheruvu and Jay N. Krehbiel, “Do Citizens in Backsliding Democracies Support International Courts’ Judicial Power? Evidence from Hungary.” Journal of Law and Courts, vol. 13, no. 1 (2025): 148–65. Summary: International courts are increasingly serving as bulwarks of democracy. These courts, however, often depend on the cooperation of the very governments they seek to …

Gandur, Chewning, Driscoll (2025), “Awareness of Executive Interference and the Demand for Judicial Independence: Evidence from Four Constitutional Courts.”

Martín Gandur, Taylor Kinsley Chewning, and Amanda Driscoll, “Awareness of Executive Interference and the Demand for Judicial Independence: Evidence from Four Constitutional Courts.” Journal of Law and Courts, vol. 13, no. 1 (2025): 122–47.  Summary: Awareness of courts has long been theorized to engender enhanced support for judicial independence, but this is a logic that …

Davis (2025), “The ‘Case’ for Independent Courts: The Insurance Theory of Judicialization in Autocracies.”

Taraleigh Davis, “The ‘Case’ for Independent Courts: The Insurance Theory of Judicialization in Autocracies.” Journal of Law and Courts, vol. 13, no. 1 (2025): 35–50.  Summary: Why would authoritarian rulers allow for an independent judiciary that could constrain their power? This study extends the insurance theory of judicial independence to autocratic contexts, arguing that when …

Aguilar, Cornejo, Monsiváis-Carrillo (2025), “Is Mexico at the Gates of Authoritarianism?”

Azul A. Aguiar Aguilar, Rodrigo Castro Cornejo, Alejandro Monsiváis-Carrillo, “Is Mexico at the Gates of Authoritarianism?” Journal of Democracy, Vol. 36, no.1 (2025): 50-64. Summary: Mexico might be on the verge of becoming one of the latest additions to the list of competitive authoritarian regimes. By the end of the term of President Andrés Manuel …

McCarthy (2025), “Oversight of the Legal System in an Authoritarian Regime: Police and Court Monitoring in Russia.”

Lauren A. McCarthy, “Oversight of the Legal System in an Authoritarian Regime: Police and Court Monitoring in Russia.” Journal of Law and Courts, vol. 13, no. 1 (2025): 195-219.  Summary: How can citizens in authoritarian regimes exercise oversight of the legal system? McCarthy examines police and court monitoring, bottom-up oversight activities popular in pre-war Russia …

Dichio (2024), “Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline.”

Michael A. Dichio, “Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline.” Law and Policy, vol. 47, no. 1 (2025): e12251. Summary: In this introductory essay to the special issue of Law & Policy, “Global Perspectives on Judicial Politics and Democratic Backsliding,” Dichio critically examines the paradoxical role of courts during episodes …

Esen (2024), “Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case.”

Berk Esen,  “Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case.” Law and Policy, vol. 47, no.1 (2025): e12250. Summary: What accounts for the variation in the judiciary’s ability to serve as a democratic guardrail under populist rule? This article contends that populist governments use judicial activism against their political agenda to …

Chia (2025), “Authoritarian Constitutionalism, Judicial Capture or the Ambivalence of Modern Law?”

Eduardo A. Chia, “Authoritarian Constitutionalism, Judicial Capture or the Ambivalence of Modern Law?” Oñati Socio-Legal Series, vol. 15, no. 2 (2025): 427–458.  Summary: The work builds primarily on literature analysis to critically engage with two interrelated issues: (i) the notion of “authoritarian constitutionalism” and (ii) the ambivalences observed in judicature’s conceptual articulation and institutional structuration. …

Garcia-Holgado (2023), “Court-Packing and Democratic Decay: A necessary relationship?”

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 weakens liberal democracy. However, this is not necessarily the case. The goals of the actors who produce court-packing help to …

Garcia-Holgado (2023), “Radicalization and the Origins of Populist Narratives about the Courts: The Argentinian Case, 2007-2015.”

Benjamin Garcia-Holgado, “Radicalization and the Origins of Populist Narratives about the Courts: The Argentinian Case, 2007–2015.” Journal of Illiberalism Studies, vol. 3, no. 2 (Summer 2023), 43-64. Summary: In Latin America, presidents from different ideological backgrounds have systematically attacked the judiciary in order to implement their preferred public policies. In many cases, the leaders who …