Judging for democracy : principles and strategies in hybrid regimes / Julius Yam

Format:

Book

Author/Creator:

Yam, Julius, 1992-2024, author.

Series:

Cambridge studies in constitutional law

Language:

English

Subjects (All):

Constitutional courts.

Authoritarianism.

Democracy.

Constitutional history.

Political questions and judicial power.

Medical Subjects:

Authoritarianism.

Physical Description:

1 online resource

Place of Publication:

Cambridge : Cambridge University Press, 2026

Summary:

"Book descriptionThis 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"-- Cambridge Core

Notes:

Includes bibliographical references and index

Hybrid regimes, constitutional courts, and democratic principles -- The hybrid regime and the constitution -- Constitutional courts in hybrid regimes -- Five democratic roles -- The legitimacy paradox -- Democratic judging under authoritarianism -- “Mingling in the world” -- Conclusion : of judicial choices

Online resource; title from PDF title page (Cambridge Core, viewed June 18, 2026)

Other Format:

Print version: Yam, Julius, 1992-2024 Judging for democracy

ISBN:

9781009734981

1009734989

OCLC:

1591606457

Publisher Number:

CIPO000377231

Access Restriction:

Some versions: Open access versions available from some providers open access