On judges when the rule of law is under attack

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.

Authors

Institutions

Publication Details

Journal
Oñati Socio-legal Series
Published
2024-09-19
DOI
https://doi.org/10.35295/osls.iisl.1929
Citations
7
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
4.07
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

On judges when the rule of law is under attack

Hans Petter Graver
7 citations
Oñati Socio-legal Series
Judicial and Constitutional Studies
4.07
article

On judges when the rule of law is under attack

Hans Petter Graver
article en
7 citations

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.

Oñati Socio-legal SeriesVol. 15(2)
University of Oslo (NO)
Peace, Justice and strong institutions
Openalex Percentile: Top 8%
Judicial and Constitutional Studies
4.07
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.