C 2025

The twilight of resilience? Reflections on the limits of judicial activism in the face of democratic decline

ŠIPULOVÁ, Katarína

Basic information

Original name

The twilight of resilience? Reflections on the limits of judicial activism in the face of democratic decline

Authors

ŠIPULOVÁ, Katarína

Edition

1st. Oxford, Dissensus over Liberal Democracy Insights from European Judges, p. 257-266, 10 pp. Modern Studies in European Law, 2025

Publisher

Hart Publishing

Other information

Language

English

Type of outcome

Chapter(s) of a specialized book

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

is not subject to a state or trade secret

Publication form

printed version "print"

References:

Marked to be transferred to RIV

No

Organization

Právnická fakulta – Repository – Repository

ISBN

978-1-5099-8500-5

EID Scopus

Keywords (in Czech)

soudy; soudci; soudcovská nezávislost; útoky na soudy; obrana soudů

Keywords in English

courts; judicial resistance; judicial independence; attacks against courts; judges
Changed: 14/3/2026 00:51, RNDr. Daniel Jakubík

Abstract

In the original language

Should judges be indifferent to the pressures of time? The past decade has been one of moral and professional reckoning for many judiciaries. Once expected to embody neutrality and restraint, many judges have been thrust into roles they never envisioned—public speakers, guardians of democracy, dissidents mobilising the streets. This shift has raised fundamental questions: Should judges remain silent in the face of political encroachment, trusting in institutional safeguards? Or must they step outside the courtroom, resisting through activism, media engagement, and transnational alliances? These dilemmas are not merely theoretical—they shape the fate of judicial institutions and, by extension, the rule of law itself. Comparative research across continents reinforces the need to understand judicial behaviour under stress.