Thinking Democratically: A Comprehensive Approach to Countering and Preventing Shrinking Space
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While most countries’ constitution guarantees the separation of powers, in practice many ac<strong>to</strong>rs<br />
actively try controlling other state institutions as part of a strategy <strong>to</strong> shrink democratic space. The<br />
judiciary is the prime target of such attacks on institutions’ independence, often through the<br />
appointment of political figures <strong>and</strong> the dismissal of independent judges from judicial bodies such as<br />
the Supreme Court, as in Georgia <strong>and</strong> Honduras. In countries like Zimbabwe where the judiciary<br />
retains some level of independence, some judges may still uphold constitutionalism, but politically<br />
sensitive cases are given <strong>to</strong> partial judges. Anti-corruption bodies may also be under attack for their<br />
investigative powers, as in the case of Guatemala described above. When such a lack of separation<br />
of powers takes root <strong>and</strong> all state institutions <strong>and</strong> political ac<strong>to</strong>rs are complicit, as in El Salvador,<br />
“different powers <strong>and</strong> institutions with the power <strong>to</strong> control or moni<strong>to</strong>r, cover each other <strong>to</strong> evade<br />
responsibility.” 57<br />
All scoring runs from 0 <strong>to</strong> 1, with 1 representing the highest achievement.<br />
Source: International IDEA, Global State of Democracy Indices. Available here.<br />
In Europe, reforms that put the independence of the judiciary at risk have been one of the prime<br />
strategies <strong>to</strong> close democratic space. In 2018, the Hungarian government passed a law that would<br />
57<br />
Netherl<strong>and</strong>s Institute for Multiparty Democracy (2017): El Salvador case study.<br />
27