This article analyses three main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and non-believers that courts can save democracy; and the tension between strategic and legal considerations that courts consider when facing pressure from political branches. At its core, the article argues that courts have an important role in protecting democracy against constitutional reforms eroding the constitutional order, and that courts should stand firm against pressure and do their best to protect democracy.
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!