J 2023

Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

ŠIPULOVÁ, Katarína and David KOSAŘ

Basic information

Original name

Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

Authors

ŠIPULOVÁ, Katarína and David KOSAŘ

Edition

German Law Journal, Frankfurt am Main, Goethe University Frankfurt, 2023, 2071-8322

Other information

Language

English

Type of outcome

Article in a journal

Country of publisher

United States of America

Confidentiality degree

is not subject to a state or trade secret

References:

URL

Marked to be transferred to RIV

Yes

RIV identification code

RIV/00216224:14220/23:00133880

Organization

Právnická fakulta – Repository – Repository

DOI

https://doi.org/10.1017/glj.2023.89

UT WoS

001193351300006

EID Scopus

2-s2.0-85187504104

Keywords in English

De-democratization ; democratic decay ; democratic erosion ; courts ; informal judicial institutions

Links

101002660, interní kód Repo.
Changed: 28/6/2024 04:39, RNDr. Daniel Jakubík

Abstract

In the original language

De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous decay are heavily affected by informality. As courts are often the first institutions affected by de-democratization, this Article analyzes informality in erosion and decay of judicial institutions. It argues that such institutions interact with democracy in two core directions. The first one is endogenous and describes the decay of democratic judiciaries as a result of a long-term incongruence between formal and informal judicial institutions. The second direction captures the gradual erosion of informal institutions that have positive effects on judicial democratic resilience. These two processes, decay and erosion of informal judicial institutions, should not be overlooked. While they are less visible, slower, and often unintentional, they are as dangerous as frontal executive-led attacks on courts, because they significantly increase the window of opportunity for politicians who wish to downgrade the substance of democracy or even implement a regime change.
Displayed: 2/5/2026 20:47