06 January 2026
Defending Democracy Against Itself
Five years ago today, Trump’s supporters stormed the Capitol after his defeat in the 2020 election. Two years ago, in Trump v. Anderson, the U.S. Supreme Court kept Trump on the presidential ballot. What would the world look like if militant democracy had prevailed in the United States? Maybe not so different after all. Democracy is best defended not by banning its opponents, but by renewing popular support through participation, persuasion, and substantive reform. Continue reading >>
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01 April 2021
Slovenian Constitutional Hardball
There is a lot of speculation whether Slovenia might be the third EU Member State to join Hungary and Poland in their specific view of the rule of law. Does the current Slovenian government present a threat to constitutional democracy? Lacking a convincing majority in the Parliament and facing other veto points, the Slovenian government uses tactics of constitutional hardball in order to disrupt the existing norms of the constitutional order. Continue reading >>
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11 July 2020
Court-Packing, Judicial Independence, and Populism
Should the US Supreme Court be reformed? Many advocate for the introduction of term limits and/or other reforms. The new “court reform” movement is interesting no matter what its actual prospects are because it seems – but we think only seems – to fall within a broad category of challenges to constitutional courts brought by populists around the world. Continue reading >>22 November 2016