Judging for Democracy
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- Publisher:
- Cambridge University Press
- Publication date:
- 12 June 2026
- 30 July 2026
- ISBN:
- 9781009734981
- 9781009734998
- 9781009734974
- Open access funder:
- Trinity College, The University of Hong Kong
- Creative Commons:
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This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0.
https://creativecommons.org/creativelicenses - Dimensions:
- (229 x 152 mm)
- Weight & Pages:
- 0.56kg, 276 Pages
- Dimensions:
- (229 x 152 mm)
- Weight & Pages:
- 0.404kg, 276 Pages
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Book description
This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, and Uganda, Julius Yam makes the case that courts can assume a democracy-enhancing role in hybrid regimes. The book reveals the challenges faced by courts in performing such a role. It also proposes an adjudicative framework that systematically integrates principled judging with judicial strategy, and suggests nonadjudicative techniques that judges can adopt to reinforce democracy. While theoretical in substance, this book is informed by empirical studies and draws on a wide range of disciplines, including law, political science, sociology, and psychology. The book will be a key resource to judges, academics, and practitioners who are interested in the study of democracy and courts. Its insights are particularly pertinent in an age of democratic backsliding and resurgence of authoritarianism. This title is also available as open access on Cambridge Core.
Contents
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Judging for Democracy
pp i-i -
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Cambridge Studies in Constitutional Law - Series page
pp ii-iv -
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Judging for Democracy - Title page
pp v-v - Principles and Strategies in Hybrid Regimes
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Copyright page
pp vi-vi -
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Contents
pp vii-viii -
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Preface
pp ix-x -
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1 - Hybrid Regimes, Constitutional Courts, and Democratic Principles
pp 1-25 -
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2 - The Hybrid Regime and the Constitution
pp 26-50 -
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3 - Constitutional Courts in Hybrid Regimes
pp 51-78 -
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4 - Five Democratic Roles
pp 79-133 -
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5 - The Legitimacy Paradox
pp 134-156 -
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6 - Democratic Judging under Authoritarianism
pp 157-190 -
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7 - “Mingling in the World”
pp 191-242 -
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8 - Conclusion
pp 243-245 - Of Judicial Choices
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Index
pp 258-266 -
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