Smekal, Hubert and Benák, Jaroslav and Vyhnánek, Ladislav (2021) Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism. The International Journal of Human Rights. pp. 1-22. ISSN 1744-053X

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Abstract

With technocratic populist Andrej Babiš leading the Czech government coalition, the country has experienced some democratic backsliding. In contrast to its Hungarian and Polish counterparts, however, the Czech Constitutional Court has been spared from executive capture. This article argues that resilient constitutional courts may act as one of the key safeguards against illiberal populism. We demonstrate that resilient constitutional courts are products of an institutional framework, which prevents court-packing by loyal allies of populist leaders, and of courts’ activities that increase their reputation with the public, thus making political attacks against them overly costly. We argue that the Czech Constitutional Court has exercised an approach of selective judicial activism that focuses on keeping political competition fair while avoiding involvement in controversial socially transformative judicial decision-making which would outrage large parts of the population. Moreover, by acting as a guardian of fair political competition, the Court contributed to the further fragmentation of the political landscape, which in turn prevented the accumulation of political power, and hence the Court shielded itself from political attacks.

Item Type:	Article
Keywords:	Populism; judicial activism; democratic backsliding; judges; Czech Constitutional Court; checks and balances;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	15171
Identification Number:	https://doi.org/10.1080/13642987.2021.2003337
Depositing User:	Hubert Smekal
Date Deposited:	04 Jan 2022 11:58
Journal or Publication Title:	The International Journal of Human Rights
Publisher:	Taylor & Francis
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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