Judicial institutions are important players in protecting democracy from authoritarian threats. However, in recent years, they have not had the best track record in doing so. Even when judicial institutions act, authoritarian governments have indefinitely delayed, found a workaround for the decisions, or outrightly denied enforcing the decisions. This has had a chilling effect on judicial institutions ability to safeguard democracy as they struggle to keep their legitimacy and credibility intact. To protect the same from being undermined, judicial institutions end up making use of avoidance cannons or passive virtues. This article proposes a radical idea to give more teeth to judicial institutions and empower them with enforcement agency to overcome their inability to fend of authoritarian threats. While this might seem like a step too far, this article will argue that such a measure is necessary not to render judicial institutions worthless in fighting against authoritarianism
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!