Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline

Abstract

In this introductory essay to the special issue of Law & Policy, “Global Perspectives on Judicial Politics and Democratic Backsliding,” we critically examine the paradoxical role of courts during episodes of democratic backsliding. Despite operating without direct democratic accountability—relying instead on legal precedents and doctrinal interpretations—courts are pivotal in defending democratic integrity during episodes of backsliding. This issue, featuring 10 articles by 15 scholars, offers a comprehensive and nuanced analysis of judicial politics of autocratization. Half of the articles deal directly with the U.S. judiciary, highlighting its unique standing that allows it to both enable and resist democratic backsliding. The other half of the issue explores case studies from Europe, Southeast Asia, and Latin America, highlighting a great deal of variability of tactics, approaches and outcomes. Published during a critical electoral year in 2024, this collection emphasizes the need for ongoing research into the judiciaries' dual capacity to both safeguard and undermine democratic norms.