ORIGINAL ARTICLE
Courts and authoritarian populism in Asia:
Reflections from Indonesia and the Philippines
Björn Dressel
1
| Cristina Regina Bonoan
2
1
Crawford School of Public Policy, Australian
National University, Canberra, Australian
Capital Territory, Australia
2
College of Law, University of the Philippines,
Quezon City, Philippines
Correspondence
Björn Dressel, Crawford School of Public
Policy, Australian National University,
J.G. Crawford Building No. 132, 132 Lennox
Crossing, Canberra, ACT 2601, Australia.
Email: bjoern.dressel@anu.edu.au
Funding information
Discovery Project; Australian Research
Council; Judicial Loyalties and Resistance in
Southeast Asia, Grant/Award Number: DP
230102553
Abstract
Authoritarian populism has been making a comeback
in Asia, as illustrated in Southeast Asia’s most impor-
tant presidential regimes: the Philippines and
Indonesia. In the Philippines, President Duterte (2016–
2022) has shown unprecedented illiberal transgressions.
Meanwhile in Indonesia, Joko Widodo’s increasingly
assertive presidency (2014–) has renewed concerns
about “democratic backsliding” in what to date has
been one of the region’s most vibrant democracies. In
both instances, courts have been largely muted in
responding to these developments, raising concerns
about their ability to counter democratic backsliding.
A distinct political agenda targeting the courts through
partisan control over parliament to pursue illiberal
goals; undue presidential influence over judicial
appointments reinforced by informal loyalty dynamics;
and traditionally weak public support for the courts
versus high executive popularity are critical drivers
behind this trend. Nevertheless, the inherent fragility of
competitive-clientelist regimes common to the region
also offers courts the opportunity to recover and resist
such efforts, especially in electoral democracies.
1 | INTRODUCTION
The global rise of authoritarian populism has sparked renewed attention to the role that courts
play in either countering or facilitating this phenomenon. As institutions tasked with
safeguarding fundamental rights and upholding the rule of law, courts naturally become targets
for authoritarian-populist actors driven by both ideological and pragmatic considerations
(Friedman, 2019; Prendergast, 2019).
DOI: 10.1111/lapo.12240
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© 2024 The Authors. Law & Policy published by University of Denver and Wiley Periodicals LLC.
Law & Policy. 2024;1–21. wileyonlinelibrary.com/journal/lapo 1