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@article{1806660,
author = {Smekal, Hubert and Benák, Jaroslav and Vyhnánek, Ladislav},
article_number = {7},
doi = {http://dx.doi.org/10.1080/13642987.2021.2003337},
keywords = {populism; judical activism; democratic backsliding; judges; Czech costitutional Court; checks and balances},
language = {eng},
issn = {1364-2987},
journal = {International Journal of Human Rights},
title = {Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism},
url = {https://www.tandfonline.com/doi/full/10.1080/13642987.2021.2003337},
volume = {26},
year = {2021}
}
TY - JOUR
ID - 1806660
AU - Smekal, Hubert - Benák, Jaroslav - Vyhnánek, Ladislav
PY - 2021
TI - Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism
JF - International Journal of Human Rights
VL - 26
IS - 7
SP - 1230-1251
EP - 1230-1251
SN - 13642987
KW - populism
KW - judical activism
KW - democratic backsliding
KW - judges
KW - Czech costitutional Court
KW - checks and balances
UR - https://www.tandfonline.com/doi/full/10.1080/13642987.2021.2003337
N2 - With technocratic populist Andrej Babiš leading the Czech government coalition, the country has experienced some democratic backsliding. In contrast to its Hungarian and Polish counterparts, however, the Czech Constitutional Court has been spared from executive capture. This article argues that resilient constitutional courts may act as one of the key safeguards against illiberal populism. We demonstrate that resilient constitutional courts are products of an institutional framework, which prevents court-packing by loyal allies of populist leaders, and of courts’ activities that increase their reputation with the public, thus making political attacks against them overly costly. We argue that the Czech Constitutional Court has exercised an approach of selective judicial activism that focuses on keeping political competition fair while avoiding involvement in controversial socially transformative judicial decision-making which would outrage large parts of the population. Moreover, by acting as a guardian of fair political competition, the Court contributed to the further fragmentation of the political landscape, which in turn prevented the accumulation of political power, and hence the Court shielded itself from political attacks.
ER -
SMEKAL, Hubert, Jaroslav BENÁK a Ladislav VYHNÁNEK. Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism. \textit{International Journal of Human Rights}. 2021, roč.~26, č.~7, s.~1230-1251. ISSN~1364-2987. Dostupné z: https://dx.doi.org/10.1080/13642987.2021.2003337.
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