University of Wisconsin–Madison

Category: Politics within the judicial system

Botero, Garcia-Holgado (2024), “Judges under stress: The Argentine Supreme Court (2003-2023) and the Colombian Constitutional Court (2002-2023) amid polarization.”

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Sandra Botero, Benjamin Garcia-Holgado, “Judges under stress: The Argentine Supreme Court (2003-2023) and the Colombian Constitutional Court (2002-2023) amid polarization.” International Journal of Constitutional Law, Vol. 22, no.5 (December 2024): 1424-1448 Summary: In this article, the authors study how the Supreme Court of Argentina (2003-2023) and the Constitutional Court of Colombia (2002-2023) responded to periods …

Pereira (2008), “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile”

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Anthony W Pereira. “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile,” In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, 23–57. Cambridge: Cambridge University Press, 2008. Summary: Few academic studies have taken the law and legal institutions under authoritarian regimes …

Meyer (2018), “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.”

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Emilio Peluso Neder Meyer, “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.” German Law Journal, vol. 19, no. 4 (2018): 727–68.  Summary: Contemporary democracies may confront several instances of exceptions that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences …

Kim (2015), “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.”

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Marie Seong-Hak Kim, “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.” The American Journal of Comparative Law, vol. 63, no. 3 (2015): 601–54.  Summary: This study addresses the urgent need for enhanced external oversight of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of …

Hamad (2018), “Judges and Generals in the Making of Modern Egypt: How Institutions Sustain and Undermine Authoritarian Regimes.”

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Mahmoud Hamad. Judges and Generals in the Making of Modern Egypt: How Institutions Sustain and Undermine Authoritarian Regimes. Cambridge: Cambridge University Press, 2018. Summary: Why do authoritarian regimes survive? How do dictators fail? What role do political institutions play in these two processes? Many of the answers to these questions can be traced to the same …

Graver (2016), “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges.”

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Hans Petter Graver, “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges”. Bergen Journal of Criminal Law & Criminal Justice, vol. 4, no.1 (2016): 125-49.  Summary: The purpose of this article is to examine how far, with due respect for the rule of law, criminal sanctions could be applied to judges for the exercise …

Moustafa (2007), “The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt.”

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Tamir Moustafa, The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. Cambridge, U.K.: Cambridge University Press, 2007. Summary: This book examines how judicial reform can both support and destabilize authoritarian regimes, using Egypt’s Supreme Constitutional Court as a case study. It investigates the paradox of a regime that created a relatively independent court to …

Moustafa (2014), “Law and Courts in Authoritarian Regimes.”

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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, …

Osiel (1995), “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil,”

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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 …

Toharia (1975), “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain,”

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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 …