Judicial Resistance: The Shield and The Sword of Informality

C 2024

Judicial Resistance: The Shield and The Sword of Informality

ŠIPULOVÁ, Katarína

Basic information

Original name

Judicial Resistance: The Shield and The Sword of Informality

Authors

ŠIPULOVÁ, Katarína (703 Slovakia, guarantor, belonging to the institution)

Edition

1. vyd. Edinburgh, Informality and Courts, p. 136-153, 18 pp. 2024

Publisher

Edinburgh University Press

Other information

Language

English

Type of outcome

Kapitola resp. kapitoly v odborné knize

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

printed version "print"

References:

Web

Organization unit

Faculty of Law

ISBN

978-1-3995-3525-0

Keywords in English

judicial resistance; informal practices; informal networks; judicial alliances

Abstract

V originále

How do courts react to political interferences? A lot has been written on populist and autocratic leaders rigging the courts. Last decades are full of examples showing that courts can indeed be an easy target for governments enjoying large parliamentary majorities and little respect to the rule of law. Examples from Hungary, Poland, Slovakia, Ukraine, Turkey, Bolivia, or the USA confirm that political leaders skilfully navigate through a set of informal and formal strategies how to manipulate courts’s composition and decision-making. Nevertheless, only minor attention has so far been devoted to judicial reactions to political interferences. As this chapter demonstrates, courts are no passive observers of court-rigging efforts. On the contrary, they do retaliate implementing a wide scope of strategies going way beyond formal legal review of their government’s actions. This chapter analyses examples of judicial reactions to political interferences and zeroes in on the role of informal tools, practices and techniques in building democratic resilience of courts. Offering a categorization of resistance strategies, it argues that many resistance techniques in fact rely on informal networks and and alliances judges form within the courts (at domestic and supranational level) and with other non-judicial actors. The chapter hence offers a unique view at resistance via informality and extra-judicial activities that help judges form resistance alliances and decrease the window of opportunity of erosion actors to attack and strip them of power.

Links

101002660, interní kód MU

Name: Informal Judicial Institutions: Invisible Determinants of Democratic Decay (Acronym: INFINITY)

Investor: European Union, ERC (Excellent Science)

Citovat

ŠIPULOVÁ, Katarína. Judicial Resistance: The Shield and The Sword of Informality. In Björn Dressel, Raul Sanchez-Urribarri, Alexander Stroh-Steckelberg. Informality and Courts. 1st ed. Edinburgh: Edinburgh University Press, 2024, p. 136-153. ISBN 978-1-3995-3525-0.

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   address = {Edinburgh},
   booktitle = {Informality and Courts},
   edition = {1},
   editor = {Björn Dressel, Raul Sanchez-Urribarri, Alexander Stroh-Steckelberg},
   keywords = {judicial resistance; informal practices; informal networks; judicial alliances},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {Edinburgh},
   isbn = {978-1-3995-3525-0},
   pages = {136-153},
   publisher = {Edinburgh University Press},
   title = {Judicial Resistance: The Shield and The Sword of Informality},
   url = {https://edinburghuniversitypress.com/book-informality-and-courts.html},
   year = {2024}
}

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AU  - Šipulová, Katarína
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VL  - Neuveden
PB  - Edinburgh University Press
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KW  - informal networks
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N2  - How do courts react to political interferences? A lot has been written on populist and autocratic leaders rigging the courts. Last decades are full of examples showing that courts can indeed be an easy target for governments enjoying large parliamentary majorities and little respect to the rule of law. Examples from Hungary, Poland, Slovakia, Ukraine, Turkey, Bolivia, or the USA confirm that political leaders skilfully navigate through a set of informal and formal strategies how to manipulate courts’s composition and decision-making. Nevertheless, only minor attention has so far been devoted to judicial reactions to political interferences. As this chapter demonstrates, courts are no passive observers of court-rigging efforts. On the contrary, they do retaliate implementing a wide scope of strategies going way beyond formal legal review of their government’s actions. This chapter analyses examples of judicial reactions to political interferences and zeroes in on the role of informal tools, practices and techniques in building democratic resilience of courts. Offering a categorization of resistance strategies, it argues that many resistance techniques in fact rely on informal networks and and alliances judges form within the courts (at domestic and supranational level) and with other non-judicial actors. The chapter hence offers a unique view at resistance via informality and extra-judicial activities that help judges form resistance alliances and decrease the window of opportunity of erosion actors to attack and strip them of power.
ER  -

ŠIPULOVÁ, Katarína. Judicial Resistance: The Shield and The Sword of Informality. In Björn Dressel, Raul Sanchez-Urribarri, Alexander Stroh-Steckelberg. \textit{Informality and Courts}. 1st ed. Edinburgh: Edinburgh University Press, 2024, p.~136-153. ISBN~978-1-3995-3525-0.

Detailed Information on Publication Record