While we have a highly-developed theoretical and empirical literature on judicial independence, there is less research on judicial backsliding: the process through which autocratic executives—often with legislative support—collapse the separation of powers. We seek to conceptualize judicial backsliding and theorize about how it occurs. We propose a general methodological approach to identifying episodes of backsliding that can be modified to suit the research interests of the community working on the judiciary in a comparative context. We find that constitutional review is a necessary condition of judicial backsliding and that it takes place not only as a result of executive actions but through collusion between executives and legislators.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!