In the face of rising autocratic populism, this article underscores the vital role of critical lawyering in upholding the independence and integrity of constitutional courts, which are key pillars of democratic governance.
Bibliography of Scholarly Work
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Graczyk (2024), “Postwar Convictions of Nazi Judges and Prosecutors for Their Activities in the Occupied Polish Territories (1939-1945)”
This article provides a synthetic overview of prior research into the postwar criminal convictions of lawyers, specifically judges and prosecutors, who operated in Nazi-occupied Polish territories.
Rogers (2005), “Power to Law: It’s Not as Bad as All That”
This book examines how legal practitioners can both enable and resist democratic erosion, depending on how they interpret, wield, or subvert the law.
Simpson (2008), “Warriors, Humanitarians, Lawyers: The Howard Government and the Use of Force”
In backsliding democracies or states engaged in controversial military actions, attorneys serve as key actors in holding governments accountable to international law, interpreting complex legal standards like the crime of aggression, and ensuring legal debates remain part of public discourse.
Turner (2002), “Intentional Targeting of Regime Elites: The Legal and Policy Debate”
This article highlights the complex legal and ethical challenges attorneys face when addressing state-sanctioned actions like targeted assassinations especially in the context of national security and counterterrorism.
Arend (2002), “International Law and Rogue States: The Failure of the Charter Framework”
In backsliding democracies facing such state behavior—whether through repression, abuse of power, or militarized actions—attorneys play a critical role as defenders of legal order and democratic accountability.
Hsu (2019), “The Political Origins of Professional Identity: Lawyers, Judges, and Prosecutors in Taiwan’s State Transformation”
This article argues that moments of political upheaval shape the legal profession’s collective identity, showing how divergent experiences under authoritarianism in Taiwan led judges, lawyers, and prosecutors to develop distinct normative commitments based on their roles in resisting or navigating state power during democratization.
Kwong (2024), “The Legal Profession in Battle: Cause Lawyers Versus State-Embedded Lawyers in Hong Kong’s Democratization”
This article explores how the Hong Kong state counters cause lawyering by promoting “state-embedded lawyers” who defend regime stability, resulting in a polarized legal profession that mirrors broader societal divisions and reshapes public perceptions of the rule of law under mainland China’s influence.
Kazun and Yakovlev (2024), “Who Demands Collective Action in an Imperfect Institutional Environment? A Case Study of the Profession of Advocates in Russia”
This article examines how ethically driven Russian criminal defense lawyers, motivated by professional values and exposure to rights violations, could form a collective force to strengthen professional associations, push for legal reform, and hold law enforcement accountable within a deteriorating democratic system.
Khalil (2023), “‘We Belong to the Streets’: Lawyers and Social Movements in Post-Revolution Egypt”
This chapter argues that in authoritarian and transitional contexts like Egypt, the evolving precarity of the legal profession transforms cause lawyers into adaptive, embedded actors who blend legal advocacy with grassroots activism to resist repression and support social movements.