The Resilience of Constitutional Courts and Their Resistance to Autocratization: Beyond Binaries, Where Time Matters

Halmai, Gabor, Kovacs, Agnes and Steuer, Max (2026) The Resilience of Constitutional Courts and Their Resistance to Autocratization: Beyond Binaries, Where Time Matters. Global Jurist. pp. 1-24. ISSN 1934-2640 (In Press)

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Abstract

This article explores constitutional court (CC) resilience in a comparative perspective, across nine national jurisdictions and some transnational judiciaries, to help identify sources and approaches enhancing CC capacity to resist autocratization. It attempts to interpret the individual contributions to the special issue, pointing to a set of factors impacting CC resilience. Some articles highlight the essential role of structural conditions, while others rather emphasize the importance of institutional development and agency. The article then outlines avenues for further research of CC resilience, which should engage with new challenges, including renewing democracy through deliberation and trust-building.

Item Type: Article
Keywords: autocratization | constitutional courts | resilience | resistance | agency | critical junctures
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Luckey Pathan
Date Deposited: 19 Jan 2026 09:18
Last Modified: 19 Jan 2026 09:18
Official URL: https://doi.org/10.1515/gj-2025-0054
URI: https://pure.jgu.edu.in/id/eprint/10690

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