Courts and the judicial erosion of democracy in Latin America.

How are courts used to erode democracy? Using the literature on democratic backsliding and judicial politics as a theoretical framework, in this work, I show the path of how courts are captured by incumbents and then used to subvert democracy. Comparing some cases from the Latin American region, I contend that the judicial erosion of democracy unfolds in three interactive steps: incumbents (a) lead public attacks on the judiciary; (b) push judicial purges; and/or (c) pack the courts, then they use the new weakened high court to undermine democratic institutions legally and harass political opponents. Related Articles: Basabe‐Serrano, Santiago. 2012. "Presidential Power and the Judicialization of Politics as Determinants of Institutional Change in the Judiciary: The Supreme Court of Ecuador (1979‐2009)." Politics & Policy 40(2): 339–61. https://doi.org/10.1111/j.1747‐1346.2012.00348.x. Moreno, Erika, and Richard C. Witmer. 2015. "Where Capacity and Incentives Meet: Presidential Decree Authority and Property Rights in Latin America." Politics & Policy 43(3): 315–46. https://doi.org/10.1111/polp.12118. Nohlen, Dieter. 2009. "Constitutional Jurisdiction and the Consolidation of Democracy." Politics & Policy 37(1): 3–30. https://doi.org/10.1111/j.1747‐1346.2008.00159.x. [ABSTRACT FROM AUTHOR]