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Populism and Judiciary: Impact, Reactions, Effects
Convenors
Piotr Eckhardt (Centre for Legal Education and Social Theory, University of Wrocław, Poland)
piotr.eckhardt@uwr.edu.pl
Adam Czarnota (Riga Graduate School of Law, Latvia)
adam.czarnota@rgsl.edu.lv
Michał Paździora (Centre for Legal Education and Social Theory, University of Wrocław, Poland)
michal.pazdziora@uwr.edu.pl
The workshop on "Populism and Judiciary: Impact, Reactions, Effects" seeks to delve into the intricate interplay between populist movements and the judicial system, presenting a comprehensive exploration of contemporary challenges and implications for democracy and the rule of law.
Workshop Overview:
The rise of populist movements by charismatic leaders play an increasingly important role in recent years not only in Central Europe (Orban’s Fidesz in Hungary and Kaczyński’s Law and Justice in Poland) and Americas (Trump in USA and Milei in Argentina) but in virtually all regions of the world (Netanyahu in Israel and Modi in India to name only a few examples).
Theirs politics has posed significant challenges to the independence and integrity of judiciaries worldwide. This workshop will examine the diverse dimensions of this complex relationship, analyzing the impact of populism on judicial systems, societal reactions to populist interventions, and the enduring effects on democratic institutions. We are interested in the theoretical treatment of populism and its impact on the rule of law as in empirical analyses of particular cases of this impact.
The contemporary relationship between populism and the judiciary is a critical area of research, deserving special attention because of its complex implications for democracy and the rule of law. In the context of this special workshop, "Populism and Judiciary: Impact, Reactions, Effects," it is vital to highlight the numerous challenges posed by populist movements to the independence of the judiciary and the functioning of legal systems.
Recent years have seen increased tensions between populist leaders and judicial institutions, raising questions about the threat to the balance of power and the rule of law. Populist movements often seek to curtail the independence of the judiciary to strengthen the executive branch and use the legal apparatus to achieve their political goals. This phenomenon calls into question the foundations of democratic institutions and norms.
Key Themes: 1. Populism's Influence on Judiciary:
•The strategies employed by populist leaders to challenge or undermine the autonomy of the judiciary.
•Legal reforms and appointments that may compromise the independence of the judiciary within populist contexts.
•Populist visions of a good judiciary.
•Populist views on the place of the judiciary in the political system. Populism and the separation of powers.
2. Features of the judiciary as sources and causes of populism:
•Development of judicial activism in continental legal systems.
•Supranational judiciary (e.g., CJEU) and the question of national sovereignty.
•Juridization of social and political life vs. separation of powers.
3. Societal Reactions and Perceptions:
•Society's response to populist interventions in the judicial system.
•Public attitudes towards judicial decisions influenced by populist narratives and the potential consequences for public trust in legal institutions.
4. Media Narratives and Legal Legitimacy:
•The role of media in shaping public perceptions of the judiciary under the influence of populist movements.
•The impact of media narratives on the legitimacy and credibility of legal systems facing populist pressures.
5. The role of the past in legitimizing populism and its impact on the judiciary:
•Narratives of unfinished and failed transitions.
•The narrative of the need to convict previous regimes.
•Courts and judges as an archetype of the enemy.
6. Case Studies and Comparative Analyses:
•In-depth case studies examining specific instances of populist interference in judicial processes.
•Comparative analyses of countries with varying populist influence on their judicial systems.
•Knowledge and experience transfers between particular populist regimes and movements.
Expected Outcomes:
We intend to foster a nuanced understanding of the challenges posed by populism to judicial independence and the rule of law.
Abstracts (300-500 words) should be sent to piotr.eckhardt@uwr.edu.pl by April 25, 2024. Admission decisions will be sent on a rolling basis, the last by April 28th 2024. Please note that all accepted presenters must register as Congress participants (the regular registration ends on April 30th 2024) at https://ivr2024.org/sub.php?menu_number=526.
Workshop participants will be asked to send a working outline (3-5 pages) of their papers two weeks before the workshop.
The organizers intend to publish the workshop proceedings.
Workshop Overview:
The rise of populist movements by charismatic leaders play an increasingly important role in recent years not only in Central Europe (Orban’s Fidesz in Hungary and Kaczyński’s Law and Justice in Poland) and Americas (Trump in USA and Milei in Argentina) but in virtually all regions of the world (Netanyahu in Israel and Modi in India to name only a few examples).
Theirs politics has posed significant challenges to the independence and integrity of judiciaries worldwide. This workshop will examine the diverse dimensions of this complex relationship, analyzing the impact of populism on judicial systems, societal reactions to populist interventions, and the enduring effects on democratic institutions. We are interested in the theoretical treatment of populism and its impact on the rule of law as in empirical analyses of particular cases of this impact.
The contemporary relationship between populism and the judiciary is a critical area of research, deserving special attention because of its complex implications for democracy and the rule of law. In the context of this special workshop, "Populism and Judiciary: Impact, Reactions, Effects," it is vital to highlight the numerous challenges posed by populist movements to the independence of the judiciary and the functioning of legal systems.
Recent years have seen increased tensions between populist leaders and judicial institutions, raising questions about the threat to the balance of power and the rule of law. Populist movements often seek to curtail the independence of the judiciary to strengthen the executive branch and use the legal apparatus to achieve their political goals. This phenomenon calls into question the foundations of democratic institutions and norms.
Key Themes: 1. Populism's Influence on Judiciary:
•The strategies employed by populist leaders to challenge or undermine the autonomy of the judiciary.
•Legal reforms and appointments that may compromise the independence of the judiciary within populist contexts.
•Populist visions of a good judiciary.
•Populist views on the place of the judiciary in the political system. Populism and the separation of powers.
2. Features of the judiciary as sources and causes of populism:
•Development of judicial activism in continental legal systems.
•Supranational judiciary (e.g., CJEU) and the question of national sovereignty.
•Juridization of social and political life vs. separation of powers.
3. Societal Reactions and Perceptions:
•Society's response to populist interventions in the judicial system.
•Public attitudes towards judicial decisions influenced by populist narratives and the potential consequences for public trust in legal institutions.
4. Media Narratives and Legal Legitimacy:
•The role of media in shaping public perceptions of the judiciary under the influence of populist movements.
•The impact of media narratives on the legitimacy and credibility of legal systems facing populist pressures.
5. The role of the past in legitimizing populism and its impact on the judiciary:
•Narratives of unfinished and failed transitions.
•The narrative of the need to convict previous regimes.
•Courts and judges as an archetype of the enemy.
6. Case Studies and Comparative Analyses:
•In-depth case studies examining specific instances of populist interference in judicial processes.
•Comparative analyses of countries with varying populist influence on their judicial systems.
•Knowledge and experience transfers between particular populist regimes and movements.
Expected Outcomes:
We intend to foster a nuanced understanding of the challenges posed by populism to judicial independence and the rule of law.
Abstracts (300-500 words) should be sent to piotr.eckhardt@uwr.edu.pl by April 25, 2024. Admission decisions will be sent on a rolling basis, the last by April 28th 2024. Please note that all accepted presenters must register as Congress participants (the regular registration ends on April 30th 2024) at https://ivr2024.org/sub.php?menu_number=526.
Workshop participants will be asked to send a working outline (3-5 pages) of their papers two weeks before the workshop.
The organizers intend to publish the workshop proceedings.
Internationale Vereinigung für Rechts- und Wirtschaftsphilosophie /
International Association for Philosophy of Law and Social Philosophy
