Judiciary protagonism in the context of authoritarian governments

This paper intends to address the issue of judiciary protagonism in the specific context of the rise of ultra right discourse in politics. It will assess the role of judiciary when challenged to confront executive orders or legislation in face of its constitutionality. The relevance of the proposed paper resides on its affirmation of a strong judiciary as a way to achieve an effective protection of minorities interests. When the bureaucratic political machine is coopted by antidemocratic and authoritarian players, the role of elected representatives of minority groups is undermined. If the regulation issued by the elected political body aim to alter or eradicate constituted rights, a simple deferral by judicial instances to such decisions – deemed “political” – can be questioned. The idea of checks and balances must impose to the judiciary the legitimacy to properly examine executive orders and legislation and to suppress them when opposed to constitutionally protected values.