Seminar talk at the Minerva Center for the Rule of Law under Extreme Conditions, with Dr. Yaniv Roznai, Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya: Who will Save the Redheads? Towards an Anti-Bully Theory of Judicial Review and the Protection of Democracy
Wednesday, January 1st. 2020 between 14:15-15:45, Room 1013, Terrace building, University of Haifa.
This article analyses three main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and non-believers that courts can save democracy; and the tension between strategic and legal considerations that courts consider when facing pressure from political branches. At its core, the article argues that courts have an important role in protecting democracy against constitutional reforms eroding the constitutional order, and that courts should stand firm against pressure and do their best to protect democracy
Paper details and link: Roznai, Yaniv, Who will Save the Redheads? Towards an Anti-Bully Theory of Judicial Review and Protection of Democracy (November 16, 2019). Available at SSRN: https://ssrn.com/abstract=3488474
Lecture will be recorded and available on YouTube