Kirk A. Randazzo., Douglas M. Gibler., & Rebecca Reid, “Examining the Development of Judicial Independence.” Political Research Quarterly, vol. 69, no. 3 (2016): pp. 583-593. Summary: Scholars who examine judicial independence offer various theories regarding its development. Some argue that it serves as a type of insurance for regimes who believe their majority status is …
James Melton, Tom Ginsburg, “Does De Jure Judicial Independence Really Matter?: A Reevaluation of Explanations for Judicial Independence.” Journal of Law and Courts, vol. 2, no. 2 (2014): 187–217. Summary: The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics. Some studies find no relationship between the …
Brad Epperly, “The Provision of Insurance?: Judicial Independence and the Post-Tenure Fate of Leaders.” Journal of Law and Courts, vol. 1, no. 2 (2013): 247–78. Summary: Leading explanations of judicial independence argue political competition incentivizes those in power to create independent courts as insurance against uncertain futures. While much work addresses the role competition plays, …
Jeffrey K. Staton, Christopher Reenock, and Jordan Holsinger, Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence. Cambridge: Cambridge University Press, 2022. Summary: Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that …
Wojciech Sadurski, “Judicial Review Versus Populist Authoritarianism.” Comparative Political Studies, vol. 3, no. 1 (2025): 81-105. Summary: Populist authoritarianism is a common form of democratic backsliding these days. Can courts do anything to prevent or minimize the damage produced by the growth of such political regimes? The awareness that democracy requires judges (among other institutions) …
Retno Dewi Pulung Sari, “Guarding the Constitution in Silence: How Judges Experience Independence Under Executive Pressure.” Hukmuna: Journal of Law and Policy, vol. 1, no. 6 (2025): 234-241 Summary: Judicial independence is a cornerstone of constitutional law, especially in transitional democracies where political pressures challenge institutional integrity. While prior research has examined legal frameworks and formal …
This article defends the notion that government lawyers have heightened responsibilities to serve the public interest, especially within the unique context of government litigation.
This article explores the ethical dilemmas faced by legal advisors and political actors in high-stakes international conflicts, using the Kosovo war as a case study.
This article critiques the prevailing view within the legal profession that lawyers fulfill their duty to uphold the rule of law simply by complying with formal legality.
David Landau and Rosalind Dixon, “Abusive Judicial Review: Courts Against Democracy.” UC Davis Law Review, vol. 53, no. 3 (2020): 1313-1387. Summary: Both in the United States and around the world, courts are generally conceptualized as the last line of defense for the liberal democratic constitutional order. But this Article shows that it is not …