Legal Challenges to Democracy

Legalized corruption helps executive branch control judiciary

How does the State capture judiciaries that are meant to keep executive power in check? Often control of the judiciary is achieved through corrupt judicial appointments and disciplinary processes, or through behind-the-scenes payoffs. Researchers studied a different method in Pakistan, where a system called ‘Prime Minister’s Assistance Package’ allows the executive branch to legally distribute high-end properties to senior officials within the Pakistani bureaucracy. The researchers show that the government uses these “assistance packages” to induce pro-government rulings from the judiciary. This research illuminates a legal and transparent method governments are using to circumvent judicial oversight.  Thanks to the DRG Bureau’s Andrew Solomon for comments on this research!

The costs and benefits of using courts to settle electoral disputes

Losing candidates around the world have increasingly relied on courts to settle post-electoral disputes. Researchers reviewed how judicial involvement in elections affects the strength of democracy. On one hand, judicial involvement can strengthen democracy by (a) providing a safeguard against electoral fraud and (b) signaling candidates’ willingness to resolve disputes legally, rather than resorting to violence or other extra-legal tactics. On the other hand, post-electoral litigation that is not responsive to fraud and irregularities can threaten democracy by (c) eroding electoral and judicial legitimacy and (d) increasing courts' vulnerability to political interference. The researchers also analyzed subnational election disputes in Kenya, finding that only ~14% were ‘high probability’ attempts to overturn election outcomes; the other disputes were filed for strategic reasons. This research explores the consequences of candidates challenging elections even when they know they’ve lost. 

Do you have a study we should share for a future Facty Friday? Send an email to drg.el@usaid.gov!