September 5, 2025German Law JournalOpen Access

Rights into Structures: Judging in a Time of Democratic Backsliding

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KSKim Lane ScheppelePrinceton University

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Implication

Analysis reveals how judges in transnational courts uphold individual rights and support checks and balances, suggesting possible pathways for democratic reform.

Key Points

Judges are evolving case law to uphold individual rights while strengthening democratic institutions against backsliding.
The article emphasizes the role of transnational courts in developing jurisprudence that may aid new democrats in restoring constitutional norms.
Legalistic autocrats undermine democratic structures, but judges' decisions could provide critical guidelines for reform.
Maintaining checks and balances is vital in a time when democratic institutions are increasingly under threat.

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Kim Lane Scheppele (2025) studied this question.

synapsesocial.com/papers/68c239e5b210217d6477dab5 https://doi.org/10.1017/glj.2025.7

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Implication

Analysis reveals how judges in transnational courts uphold individual rights and support checks and balances, suggesting possible pathways for democratic reform.

Rights into Structures: Judging in a Time of Democratic Backsliding

Discussion

Member takes

Implication

Key Points

Cite This Study

Rights into Structures: Judging in a Time of Democratic Backsliding

Discussion

Member takes

Implication

Key Points

Cite This Study

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