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4 - Courts

The Least Resilient Branch

Published online by Cambridge University Press:  30 June 2022

Wojciech Sadurski
Affiliation:
University of Sydney
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Summary

Populists in power behave as if courts were the most dangerous branch, and therefore usually make them the first target of populist assault. This dynamic is particularly pronounced in the case of constitutional courts, as the examples of Hungary and Poland show. In both those cases, constitutional courts were captured, and judicial review of constitutionality has been effectively rendered otiose. Beyond constitutional courts, common courts are also often subordinated to the executive, or see their powers marginalized. Judicial responses range from judicial resistance, to laying low, to "judicial populism" under which judges became active enablers of the executive will. All these strategies can be observed not only in Hungary and Poland, but also in India, Brazil and the Philippines.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Courts
  • Wojciech Sadurski, University of Sydney
  • Book: A Pandemic of Populists
  • Online publication: 30 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009224543.005
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  • Courts
  • Wojciech Sadurski, University of Sydney
  • Book: A Pandemic of Populists
  • Online publication: 30 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009224543.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Courts
  • Wojciech Sadurski, University of Sydney
  • Book: A Pandemic of Populists
  • Online publication: 30 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781009224543.005
Available formats
×