Judging for Democracy by Julius Yam

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Summary

This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes. Using a comparative approach, this book makes the case that courts can assume a democracy-enhancing role to mitigate the problems arising from hybrid regimes. This title is also available as open access on Cambridge Core.

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Judging for Democracy by Julius Yam

This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, and Uganda, Julius Yam makes the case that courts can assume a democracy-enhancing role in hybrid regimes. The book reveals the challenges faced by courts in performing such a role. It also proposes an adjudicative framework that systematically integrates principled judging with judicial strategy, and suggests nonadjudicative techniques that judges can adopt to reinforce democracy. While theoretical in substance, this book is informed by empirical studies and draws on a wide range of disciplines, including law, political science, sociology, and psychology. The book will be a key resource to judges, academics, and practitioners who are interested in the study of democracy and courts. Its insights are particularly pertinent in an age of democratic backsliding and resurgence of authoritarianism. This title is also available as open access on Cambridge Core.
Dr Julius Yam (1992–2024) was Assistant Professor of Law at the University of Hong Kong. He was posthumously awarded the Wedderburn Prize for his article 'Judging Under Authoritarianism' (2024) 87(4) Modern Law Review 894. He obtained his LLB from the University of Hong Kong, LLM from the University of Chicago, and DPhil in Law from Trinity College, University of Oxford.
SKU Unavailable
ISBN 13 9781009734974
ISBN 10 1009734970
Title Judging for Democracy
Author Julius Yam
Series Cambridge Studies In Constitutional Law
Condition Unavailable
Binding Type Paperback
Publisher Cambridge University Press
Year published 2026-06-30
Number of pages 235
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.