As populism rises, fragile democracies move to weaken their courts

It’s not even just the fact no American president has muzzled, jailed, or, in some cases, killed, real or perceived rivals, as have leaders of those and other authoritarian regimes. The fundamental dividing line, which is becoming increasingly stark worldwide, and spotlighted by the controversy around President Trump’s post-election shakeup of his Justice Department, is the existence of the rule of law, underpinned by an independent judiciary. Not just in the US, but other countries with judicial oversight, politicians have bristled not just at specific court challenges, but at the fact judges are in a position to make them in the first place.

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