University of Wisconsin–Madison

Category: Politics within the judicial system

Vondoepp (2005), “The Problem of Judicial Control in Africa’s Neopatrimonial Democracies: Malawi and Zambia.”

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Peter Vondoepp, “The Problem of Judicial Control in Africa’s Neopatrimonial Democracies: Malawi and Zambia.” Political Science Quarterly, vol 120, no. 2 (2005): 275–301. Summary: Judges’ actions underscore a key feature of political life in Malawi and Zambia since the onset of their respective periods of democratic rule. In both countries, judiciaries have displayed a striking tendency …

Aydin (2013), “Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition.”

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Aylin Aydin, “Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition.” Law & Society Review, vol. 47, no. 1 (2013): 105–34.  Summary: One of the most prominent explanations of the creation and maintenance of independent judiciary is the “insurance theory” that proposes a positive relationship between political competition and judicial independence. But, does …

Fiss (1993), “The Limits of Judicial Independence.”

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Owen M. Fiss, “The Limits of Judicial Independence.” The University of Miami Inter-American Law Review, Vol. 25, No. 1 (Fall, 1993): pp. 57-76  Summary: Two assumptions frequently underlie discussions concerning the transitions from dictatorship to democracy that occurred in Latin America in the 1980s. The first is that the judiciary will have an important role to …

Hilbink, Ingram (2019), “Courts and Rule of Law in Developing Countries.”

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Lisa Hilbink and Matthew C. Ingram, “Courts and Rule of Law in Developing Countries.” Oxford Research Encyclopedia of Politics (23 May 2019). Summary: Under what conditions can courts be effective and the rule of law be meaningful in developing countries? The great variation within and between the vast category of developing countries greatly complicates the …

KuKubal (2024), “Judicial Relational Legal Consciousness: Authoritarian Backsliding As A Catalyst Of Change.”

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Agnieszka Kubal, “Judicial Relational Legal Consciousness: Authoritarian Backsliding As A Catalyst Of Change.” Journal of Law and Society, vol. 51, (2024): 45-65. Summary: In the context of Poland’s authoritarian backsliding between 2015 and 2023, this article examines how legal professionals—particularly judges—respond to democratic erosion by reinterpreting and invoking human rights law. Some judges have taken …

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

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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.”

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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.”

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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 …

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

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

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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 …