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Tagged: Supreme Court

Protestors in yellow shirts photographed through a shattered window.

Judicial Power and Democratic Erosion: The Procedural–Substantive Dilemma of Democracy in the Brazilian Supreme Court

By Julia Wand-del-Rey Cani. This post contributes to understanding how Brazil’s Supreme Court (STF) has comprehended its democratic role, particularly during the Bolsonaro era, and argues that there is a tension between substantive democratic defense and procedural consistency. More broadly, it distinguishes between constitutional courts balancing democratic substance and democratic procedure, with the aim of answering the following question: to what extent should judicial self-regulation be constrained during periods of democratic erosion?

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.