Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance

Alexei Trochev; Rachel Ellett

doi:10.1086/674528

Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance

Alexei Trochev, Rachel Ellett

Political Science and International Relations Department

Research output: Contribution to journal › Article

Abstract

The social construction of judicial power is a complicated process, especially in hybrid political regimes. We argue that off-bench resistance against blatant interference supported by vibrant social networks is an important manifestation of judicial autonomy. By drawing on evidence from field research, media coverage, and the existing scholarly literature, we clarify the logic of off-bench judicial resistance against external interference, outline a taxonomy of five strategies of resistance in hybrid regimes, and explain the political implications of off-bench judicial behavior.

Original language	English
Pages (from-to)	67-91
Journal	Journal of Law and Courts
Volume	2
Issue number	1
DOIs	https://doi.org/10.1086/674528
Publication status	Published - 2014

Keywords

Judicial independence
courts

ASJC Scopus subject areas

Social Sciences(all)
Law

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10.1086/674528

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Trochev, A., & Ellett, R. (2014). Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance. Journal of Law and Courts, 2(1), 67-91. https://doi.org/10.1086/674528

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