When Judges Defy Dictators: An Audience-Based Framework to Explain the Emergence of Judicial Assertiveness against Authoritarian Regimes

Abstract

Under what conditions do judiciaries act assertively against authoritarian regimes? I argue that the judiciary coalesces around institutional norms and preferences in response to the preferences of institutions and networks, or "audiences," with which judges interact, and which shape the careers and reputations of judges. Proposing a typology of judicial-regime relations, I demonstrate that the judiciary's affinity to authoritarian regimes diminishes as these audiences grow independent from the regime. Using case law research, archival research, and interviews, I demonstrate the utility of the audiencebased framework for explaining judicial behavior in authoritarian regimes by exploring cross-temporal variation across authoritarian regimes in Pakistan. This study integrates ideas-based and interest-based explanations for judicial behavior in a generalizable framework for explaining variation in judicial assertiveness against authoritarian regimes.