This article reflects on the global expansion of judicial review, emphasizing how courts—both in liberal and non-liberal democracies—strategically position themselves in shaping public policy.
Evidence of Lawyers’ Resistance
Feely (2015), “An Introduction to Lawyering for the Rule of Law”
This article introduces a symposium on Yoav Dotan’s Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel, a landmark study of how state attorneys can both constrain and enable government power.
Benny, Veitch, Hualing, and Cullen (2020), “Pursuing Democracy In An Authoritarian State: Protest And The Rule Of Law In Hong Kong”
This article examines the Occupy Central (OC) trial in Hong Kong as a pivotal moment in the legal and political struggle against authoritarian backsliding.
Prempeh (2000), “Lawyers and Liberal Democracy.”
This analysis revisits Alexis de Tocqueville’s reflections on the essential role lawyers play in sustaining liberal democracy, especially in guarding against the excesses of majoritarian rule.
Barrow (2022), “Beyond the Courtroom: Lawyer Activism and Resistance in Hong Kong”
This chapter explores the critical role attorneys play as defenders of the rule of law in backsliding democracies, using Hong Kong as a case study.
Wang (2025), “The Legality Trap: Legal Cooptation Under Authoritarianism”
This study explores how legal advocacy in authoritarian China shapes environmental social movements by channeling their efforts into less radical, more state-aligned paths.
Moustafa (2007), “The Politics of Domination: Law and Resistance in Authoritarian States”
This article argues that entrenched authoritarian regimes strengthen judicial institutions to consolidate power by attracting investment, enforcing bureaucratic discipline, maintaining elite coalitions, and legitimizing controversial reforms.
Pangaribuan (2024), “Navigating an Authoritarian Landscape: Criminal procedure and Defence Lawyers in Indonesia”
This article examines the challenges faced by defense lawyers operating within Indonesia’s authoritarian legal system.
Lai (2025), Legal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong
This book examines the erosion of Hong Kong’s rule of law amid growing authoritarian control by China.
Givens (2011), “Advocates Of Change In Authoritarian Regimes: How Chinese Lawyers And Chinese And Russian Journalists Stay Out Of Trouble”
In backsliding democracies, this research shows that lawyers remain key actors in the struggle for political change.