Tamir Moustafa, “Law and Courts in Authoritarian Regimes.” Annual Review of Law and Social Science, vol. 10, no.1 (2014): 281–299. Summary: This article surveys emerging research on the role of courts in authoritarian regimes, challenging earlier assumptions that they function solely as instruments of repression. It highlights how courts can serve as tools of governance, …
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 …
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 …
Jose J. Toharia, “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain.” Law & Society Review, vol. 9, no. 3 (1975): 475-496. Summary: This article challenges the reliability of global indicators in assessing judicial independence in Latin America, arguing that such metrics often overlook the complexity of judicial behavior in politically repressive contexts. While …
J. Yam, “Judging Under Authoritarianism.” Mod Law Rev., vol. 87, no.4 (2024): 894-925. Summary: Authoritarianism has significant implications for how judges should discharge their duties. How should judges committed to constitutionalism conduct themselves when under authoritarian pressure? To answer this question, the article proposes a two-step adjudicative framework, documents a variety of judicial strategies, and …
Alexei Trochev & Peter Solomon, “Authoritarian constitutionalism in Putin’s Russia: A pragmatic constitutional court in a dual state.” Communist and Post-Communist Studies, vol 51, no 3 (2018): 201-214. Summary: This article analyzes the successful adaptation of the Russian Constitutional Court (RCC) to an increasingly authoritarian regime under President Vladimir Putin. It argues that the key to …
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 …
V. V. Ramraj & A. K Thiruvengadam, Emergency Powers in Asia: Exploring the Limits of Legality. Cambridge: Cambridge University Press, 2009. Summary: What is the relevance of contemporary debates over emergency powers for countries situated in Asia? What role does, and should, the constitution play in constraining these powers? The essays in this collection address these …
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 …
Mark Fathi Massoud, “International Arbitration and Judicial Politics in Authoritarian States.” Law & Social Inquiry, vol. 39, no. 1 (2014): 1–30 Summary: This article uses the case of Sudan to show how authoritarian regimes benefit from embracing international arbitration, allowing them to maintain domestic control and attract foreign investment. International arbitration ensures that foreign-investment disputes …