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 …
Global Comparison
Satterthwaite (2023), Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.”
Margaret L Satterthwaite, “Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.” Rutgers University Law Review, vol. 76 (2023): 1147-1188. Summary: This article addresses the critical role of an independent and effective judiciary …
Yam (2024), “Judging Under Authoritarianism”
J. Yam, “Judging Under Authoritarianism.” Mod Law Rev., vol. 87, no.4 (2024): 894-925. Summary: Authoritarianism has significant implications for how judges should discharge their duties. How should judges committed to constitutionalism conduct themselves when under …
Graver (2014), Judges Against Justice: On Judges When the Rule of Law is Under Attack.
Hans Petter Graver, Judges Against Justice: On Judges When the Rule of Law is Under Attack. New York City: Springer, 2014. Summary: This book explores concrete situations in which judges are faced with a legislature and …
Halliday, Karpik, Feeley (2007), Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism
This book explores the global role of lawyers and the broader “legal complex” as central actors in the struggle for political liberalism.
Trochev, Ellett (2014), “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.”
Alexei Trochev and Rachel Ellett, “Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance.” Journal of Law and Courts, vol. 2, no. 1 (2014): 67–91. Summary: The social construction of judicial power …
Solomon (2007), “Courts and Judges in Authoritarian Regimes.”
Peter H Solomon, “Courts and Judges in Authoritarian Regimes.” World Politics, vol. 60, no. 1 (2007): 122–45. Summary: Typically, authoritarian leaders treat law and courts in an instrumental fashion and try to keep judges dependent and …
Ginsburg, Moustafa (2008), “Rule by Law: The Politics of Courts in Authoritarian Regimes”
Tom Ginsburg and Tamir Moustafa, eds. Rule by Law: The Politics of Courts in Authoritarian Regimes. Cambridge: Cambridge University Press, 2008. Summary: Scholars have generally assumed that courts in authoritarian states are pawns of their …
Woods and Barclay (2008), “Cause Lawyers As Legal Innovators With And Against The State: Symbiosis Or Opposition?”
This article challenges the traditional view of cause lawyers as inherently oppositional and leftist actors standing against a singular, monolithic state.
Roberts (2005), “After Government? On Representing Law Without the State”
This article includes a call for greater caution in representing non-state orderings as law, noting that traditional markers of legal authority, such as legislators and judges, remain largely tied to the state framework.