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Tagged: Democracy

A man with a grey beard wearing a blue suit.

Choice Illusions: Through ‘Rule by Law’ to ‘Electoral Capture’ in Hungary and Poland?

By Stefan Szwed. National populist leaders across the EU, and in particular governments in backsliding Members States such as Hungary under Fidesz and Poland under PiS, like to proclaim themselves as true representatives of the people. They pit the principle of popular choice against the demands of the rule of law, defined among others as protection against abuses of majority rule. This exploratory research examines how ‘strongmen’ in office undermine the rule of law to not only advance their illiberal agendas, but also lower the risk of losing future ballots. Across key aspects of the process, it considers how the pair had laid foundations to game if not capture electoral competition.

An oil painting of a woman in a flowing dress leaning on a man with a donkey head. The man is wearing a brown jacket and is surrounded by small fairy-like figures and rabbits in a dark forest setting.

Constitutional Adjudication: Beyond Reductionist Reading of Democracy

By Raunaq Jaiswal and Max Steuer. In February 2024, the Supreme Court of India unanimously struck down the Electoral Bonds Scheme—a mechanism through which corporations could make anonymous donations to political parties—holding that anonymous donations to political parties violated the right to information. This ruling represents a significant development in constitutional adjudication, as, on the one hand, it represents a limitation of what a court can accomplish within existing frameworks of democracy, and on the other, it illustrates the risks of not developing a thicker conception of democracy and the remedies for breaching it.

A building with a front of columns made out of white stone.

The Constitutional Court of the Republic of Indonesia: Experimenting with a Developmental Conception of Democracy

By Rosa Ristawati. This post discusses selected decisions in which the Indonesian Constitutional Court attempted to conceptualize democracy more explicitly. The principles of democracy have included public participation in the open-proportional system of election, the open and fair contest of election (the simultaneous resources elections provide for political legitimacy and free competition), political inclusion (the elimination of threshold and minimum age judgment), and equal access to the political system (anti-discrimination standards for candidates). Ultimately, the Court’s discourse in these decisions leans towards formulating an obligation for democracy to give room and opportunity for all people without exceptions.

Teenagers and young adults holding protest signs, reading e.g. "Justicia Climática" or "Si no escuchas al planeta me escucharas a mí".

A Right to Defend the Environment. Legal Protection for Environmental Advocacy in the IACtHR’s Climate Advisory Opinion

By Nina Alizadeh Marandi and Philipp Schönberger. As the world faces an escalating triple planetary crisis – climate change, biodiversity loss, and pollution – those who step forward to defend the environment are increasingly stigmatized, criminalized, and subjected to violence. It is therefore not surprising that the protection of environmental defenders features prominently in the Inter-American Court of Human Rights’ (IACtHR). By recognizing environmental defenders as essential actors in democratic climate governance, the IACtHR’s advisory opinion advances a bold vision of environmental democracy that positions civic engagement as a vital precondition for legitimate and effective climate action.

Four women standing in front of the Faculty of Social Sciences of Tartu University.

“Resilience and Adaptation in Difficult Times”: Reflections on the 2025 Tartu Conference on East European and Eurasian Studies

By Olha Haidamachuk, Lidia Kuzemska, Taisiia Ratushna, and Yuliia Soroka. In June 2025, four Fellows of the Prisma Ukraїna: War, Migration, Memory research group at the Forum Transregionale Studien Berlin took part in the 9th annual Tartu Conference on East European and Eurasian Studies dedicated to “Resilience and Adaptation in Difficult Times”. On the second day, the Fellows organised a very well-attended panel entitled “Memories of War: Barriers and Bridges between Past, Present, and Future in the Ukrainian Experience”. They reflect on the different panels and talks and give an insight into the topics discussed.

Picture of the Supreme Constitutional Court of Egypt.

Islamocracy and Judicial Review in Egypt

By Mohamed ‘Arafa. In democratic societies, the relationship between democracy and religion can be harmonious, as democracy ensures the freedom to practice religion, while religious diversity can enrich public discourse. This post explores the intersection of democracy, judicial review, and Shārīe‘ā law, focusing on the tensions and possibilities that arise when religious legal principles interact with democratic governance. It discusses how Article 2 of the Egyptian Constitution, which asserts the supremacy of Shārīe‘ā law in certain legal contexts, interacts with democratic ideals and the practice of judicial review.

Picture of the US Supreme Court.

How Should Elected Politicians Behave? Constitutional Insights from the U.S. and Brazilian Supreme Courts

By Arthur Guerra Filho. Corruption scandals in political finance have shaken both the U.S. and Brazil, the two largest constitutional democracies in the Americas, forcing their Supreme Courts to deal with political finance issues. They share structural parallels—presidentialism, federalism, and multiethnic societies rooted in profound inequality—yet have charted different courses in regulating political finance. By deciding what kinds of financial influence are permissible, the respective apex courts approached the question of how elected politicians should behave.

Populism in a Global Perspective: Who Needs Democracy?

By Katarina Ristić, Therese Mager, Constanze Blum and Man Zhang. The rise of populism in the “West” has prompted extensive academic research which often appears oblivious to populism’s historical origins and non-western genealogies. Focusing on populism as a threat to western democracies, much of the research on populism neglects variations and the different contexts within which populism operates in different world regions. In our seminar “Critically Engaging with Populism as a Global Phenomenon,” which we taught during the summer 2024 term for MA students enrolled in Global and European Studies at Leipzig University, we sought to offer broader insights into populism in a global perspective.

Copyright as a Rule of Law Challenge

By Viktoria Kraetzig. The copyright/free speech conflict is inherent in copyright law: copyright grants its owners a limited monopoly on a work, which is also a communication content. If third parties copy the work, they might infringe copyright while invoking their fundamental right of free speech. The conflict arises because free speech doctrine does not distinguish whether someone speaks with own or other people’s words, whether something has been said for the first, second or hundredth time: speaking is speaking. And so is copying.

Elections, Rule of Law and Democracy in Greece

By Taygeti Michalakea. In the 2023 elections, Greece’s ‘New Democracy’ party won a second term with 40.5% of the vote, while the opposition Syriza received only 17.8%. Smaller far-right parties also gained seats, raising concerns about the rule of law. Issues such as weakened independent institutions, lack of media freedom, widespread surveillance, and political interference in the judiciary are contributing to this decline. This text explores how these factors are undermining democracy and eroding fundamental freedoms in Greece.