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The Foundation for Law, Justice and Society (FLJS) is an independent not-for-profit institution that aims to promote an understanding of the role of law in society. We identify and analyse issues of contemporary interest and importance, disseminating the insights of decision-makers and experts to a global audience through our extensive online resource of free-to-download Policy Briefings, Opinion Pieces, and multimedia podcasts.

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Populism, Courts and the Rule of Law

Author: 
Daniel Smilov
Publication date: 
Thu, 28 Jun 2007

The rise of populism in Eastern Europe has had a significant effect on the rule of law, and the reaction of the judiciary to the changing political environment has been particularly revealing.

The key question that this policy brief addresses is: to what extent can the judiciary, as bound by constitutional principles and values, be seen as a guardian of liberal democracy against aggressive majorities and authoritarian and illiberal populist leaders?