Strategic Courts and Democratic Backsliding
There is renewed scholarly interest in studying the dynamics of constitutional revolutions and the explanations for the rise of constitutional courts around the world. At the same time, there is growing discussion of democratic backsliding and concern that democracies are exhibiting extremism, weakening of opposition forces and constitutional courts, and violations of civil and political rights that are pertinent to vibrant democracies. Scholars try to study both phenomena and understand the relationship between them. This panel examines how courts have reacted to democratic backsliding around the world, what strategies did they use, were they effective and, most importantly, were their decisions legitimate.