Judging and judicial resistance in authoritarian regimes

Zoltán Fleck

Chapter 19 in Research Handbook on Judging and the Judiciary, 2025, pp 375-401 from Edward Elgar Publishing

Abstract: In an authoritarian environment, how can the judiciary contribute to the fight for rights, freedom, and equity? To understand the challenges of judicial resistance against ideological pressures and loyalty in a non-rule of law state, a range of historical, political, and cultural factors shaping the character of the judiciary must be considered. How significant are the remnants of the authoritarian past in new authoritarian states in relation to the character of the judiciary, and what is the connection between social responsiveness and judicial resistance? The unlikely resistance of judges under dark times is a logical consequence of their professional identity. But can judges save democracy or at least their souls?

Keywords: Judicial independence; Authoritarianism; Judicial behaviour; Resistance; Courts and politics (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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