Tag: Stephen Gardbaum
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The Role of a Judge in an Electoral Autocracy
—Aparna Chandra, Associate Professor of Law and M. K. Nambyar Chair Professor on Constitutional Law, National Law School of India University, Bengaluru. [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] The Autocrats’ Playbook This is the year of elections.
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Judges, Democracy and the “New Commonwealth Model of Constitutionalism”
—Tom Hickey, Dublin City University Aileen Kavanagh and Joseph Raz are among many supporters of constitutional judicial supremacy who characterise their support as justified despite what they see as its non- or perhaps even anti-democratic nature.[1] They employ the “ends-justifies-the-means” mantra: better to have system that makes “good” outcomes more likely, at the cost of perhaps occasionally thwarting the will of the people, than a perfectly democratic system that more routinely makes for “bad” outcomes.[2]