On judges when the rule of law is under attack

Hans Petter Graver

10 citations0/0 files storedOñati Socio-legal Series

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Judicial and Constitutional Studies Political Theory and Democracy Comparative constitutional jurisprudence studies

Abstract

A main question of the paper is why the courts, and the judiciary are such a main focus of those in power who attack liberal democracy today. First it adresses the connections between democratic decline and rule of law backsliding. Then it adresses some historical perspectives and compare the present situation to autocracies and totalitarian experiences in Europe in the twentieth century. Finally, it discusses different measures taken by autocratic rulers to limit judicial control, how to distinguish such measures from measures of legitimate legal reform, and how to counter such measures.

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1977Outline of a Theory of Practice 1990The Logic of Practice 2016On Democratic Backsliding 2017The Oxford Handbook of Populism 2017Illiberalism Within: Rule of Law Backsliding in the EU 2017How to Lose a Constitutional Democracy 2015The Authoritarian Resurgence: Autocratic Legalism in Venezuela 2020EU Values Are Law, After All: Enforcing EU Values Through Systemic Infringement Actions by the European Commission and the Member States of the European Union

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