The threat of legal autocracy in the U.S.

Last week, the U.S. Supreme Court heard arguments in a case dealing with obscure theories of constitutional interpretation. However, the case reveals strategies that risk subverting democracy.

Chase Burton • December 20, 2022

Reforming judicial review with respect for democracy

Judicial review of the Constitution has long been a topic of discussion. How do democracy and the rule of law relate to each other?

Jorieke Manenschijn • November 24, 2022

And what if the courts could strengthen our democracies?

Public interest litigation allows courts to provoke social change to some extent. But court decisions on political issues are not unproblematic in democratic systems. What if we could define circumstances so courts can enhance democratic participation and debate?

María Carlota Ucín • July 09, 2022

Parliamentary sovereignty to the rescue?

The UK government is introducing bills that could harm the rule of law and democracy. Does parliamentary sovereignty require the judiciary to apply such laws, or could it also be interpreted differently?

Jorieke Manenschijn • February 15, 2022

Covid: The touchstone of democracy?

With vaccinations hopefully ending the pandemic soon, a reflection on Yuval Harari’s gloomy forecast that COVID-19 benefits authoritarian regimes at the cost of democracy.

Eva Grosfeld and Michael Liu • May 17, 2021

Rule of law conditionality in EU spending: Time to pull the plug on illiberalism

Illiberal leaders in Poland and Hungary are using Covid-19 to consolidate their powers and violate EU values. Could the Union’s budget be used as leverage to force them to comply with the rule of law?

Amandine van Zuylen • May 13, 2020

A new approach to democracy – with old roots

According to Vandana Shiva we must shift from representative democracy, in which corporations rule, to ‘Earth Democracy’ to deal with our current crises – to end conflict and bring peace. It means including the excluded into our conception of the economy.

Wim Bonis • June 28, 2017

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