S2. E4. Post-Juristocracy – the End of Powerful Courts?

This podcast discusses the notion of ‘post-juristocracy’ – whether we're seeing the end of the broad global shift toward more powerful courts worldwide, which has been an ongoing trend for the almost 80 years post-World War II. 

These developments include the declining legitimacy of apex courts in states like the USA and India, preventive actions against the expansion of judicial power in states like the UK, capture of previously powerful courts in countries like Hungary, as well as trends such as the increasing scholarly and policy focus on fourth branch institutions such as electoral commissions and the 'deliberative wave' that mark a shift in focus on rights protection and achieving constitutional change from courts to bodies like citizens’ assemblies. 

While it’s not a monolithic phenomenon, these disparate but interacting political and scholarly trends raise a host of questions for constitutional lawyers about comparative methodology, constitutional design, and constitutional resilience.