Policy Practicum: Safeguarding Judicial Independence Around the World

Catalog description

An impartial and independent judiciary is crucial for safeguarding democracy and the rule of law. In this policy practicum, students will work on several important projects for submission to the UN Special Rapporteur on the Independence of Judges and Lawyers, Professor Margaret Satterthwaite. The Rapporteur's UN mandate positions her to have a real-time impact on efforts to defend democracy in a time of authoritarian overreach and democratic backsliding. She executes her mandate through individual case work, reports on country visits, amicus briefs, and thematic reports on key issues. Under the supervision of the instructor, and in consultation with the U.N. special rapporteur, students will work in small teams to provide carefully researched, time-relevant inputs on one or more of the following crucial topics: 1. The instrumentalization of the judicial system to harm the rights of government opponents or other dissidents. Students will provide case studies of judicial harassment and other forms of instrumentalization of the judicial system. A specific focus will be placed on the criminalization of lawyers, prosecutors, and judges, and on the use of SLAPP suits (strategic litigation against public participation). Students will perform legal analysis of these concerns using international human rights law and soft law norms such as the Basic Principles on the Role of Lawyers and the Guidelines on the Role of Prosecutors. Questions to be explored include: what is the role of lawyers in guarding against the instrumentalization of the judicial system? What norms provide guidance to lawyers assessing whether zealous advocacy could transform into judicial harassment? What rules can guide prosecutors in charging decisions concerning government opponents? 2. The independence of Indigenous juridical systems. Students will provide case studies exploring how Indigenous peoples…