Judges as activists
How Polish judges mobilise to defend the rule of law
Bibliographic Data
| ID | 6255282 |
|---|---|
| Authors | Claudia-Y Matthes (0000-0002-6756-4594, Humboldt-Universität zu Berlin, corresponding author) |
| Year | 2022 |
| Volume | 38 |
| Issue | 3 |
| Pages | 468-487 |
| Publication date | 2022-07-03 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | East European Politics (JOURNAL) |
| Journal identifiers | ISSN: 2159-9165 • E-ISSN: 2159-9173 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/21599165.2022.2092843 |
| OpenAlex | W4283760661 |
| Language | EN |
| Citations received | 17 |
| References cited | 40 |
What research on democratic backsliding often overlooks is that protest against the decline of rule of law also emerges inside state institutions. In Poland, the judges' associations are using legal means, organising public events and urging the European institutions to stand firm towards the Polish government. In this article, I analyse the judiciary's collective actions and motivations regarding on- and off-bench mobilisation. Based on in-depth interviews with judges, I show how they focus on litigation but use lobbying and protesting as complementary tools. Moreover, their networking and adaptation of measures to changing circumstances proves their ability to act strategically
Adaptation (eye · Democracy · Focus (optics · Government (linguistics · Political science · Politics · Rule of law · State (computer science · European and International Law Studies · Judicial and Constitutional Studies · Law · Political Influence and Corporate Strategies · Psychology
Żurek v Poland – when judges become rule of law actors. Challenges and achievements of judicial mobilisation in Poland
Judicial Resistance
Subordination, conformity and alignment
Judicial Associations Across Europe
Prosecutors’ resistance against rule of law backsliding in Poland (2016–23)
Rule of Law and the Criteria for Appointment of Judges
Unveiling polish judges’ views on empathy and impartiality
One conflict, two public spheres, three national debates
Backsliding Democracy and the Slippery Slope of Conceptual Weakness
The Role of Judicial Associations in Resisting Rule of Law Backsliding
Polarizing transition? Opposition strategies and the rise of Péter Magyar and the respect and freedom party (Tisza) in Hungary
Ideology and judicial independence
Defining and Operationalising Defiant Non‐Compliance in the EU
Opposition and resistance
Explaining judges’ opposition when judicial independence is undermined
Populists before power
Courts and democratic backsliding
The Puzzle of Judicial Behavior
Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism
The Illiberal Turn or Swerve in Central Europe
Judges and Their Allies
Judges Discover Politics
When politics comes into play, law is no longer law’
Building democracy by legal means? The contestation of human rights and constitutionalism in East-Central Europe
Miscarriage of Chief Justice
On judicial mobilization
From high judges to policy stakeholders
Lobbying versus litigation
Ethnopopulism and democratic backsliding in Central Europe
Rethinking “democratic backsliding” in Central and Eastern Europe – looking beyond Hungary and Poland
Stemming the tide of illiberalism? Legal mobilization and adversarial legalism in Central and Eastern Europe
Plurality support for democratic decay
Political safeguards against democratic backsliding in the EU
The politics of guarding the Treaties
Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU
The Quality of Democracy
Can Poland's Backsliding Be Stopped
Voice and Access
Unifying the field of comparative judicial politics
Caesarean politics in Hungary and Poland
Whose Poland is it to be? PiS and the struggle between monism and pluralism
How democracies prevail
State of the world 2019
Constraints on the promotion of the rule of law in Egypt
Political Competition as an Obstacle to Judicial Independence
Protest and participation in post-transformation Poland
What Is a Case Study and What Is It Good for
| Unique citing works | 17 |
|---|---|
| Citations per year | 5,67 |
| Citation span | 2023 - 2026 (4) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 17 |