Courts and the Rule of Law in Resisting Autocratization

The democratic erosion has been a global phenomenon, intensified since the mid-2000s, resulting in an increase of authoritarian regimes. Institutional weakness is one of the leading causes of such erosion. The literature highlights the role of the judiciary in resisting democratic erosion, focusing on the actions of independent courts that opposed measures that threatened to weaken checks and balances through reforms to strengthen executive powers, using constitutional courts acting in the protection of rights and the rule of law, resisting authoritarian attacks. However, this resistance is not unanimous. The manners in which the new autocratic regimes relate to their judicial systems are varied, ranging from the use of legal mechanisms to undermine democracy and consolidate their found power. Discussing in comparative perspective this paradoxical role for the courts during episodes of democratic erosion is the main objective of this Congress Theme Roundtable named Courts and the Rule of Law in Resisting Autocratization, counting with research investigative focus in Latin American and African cases.