The Role of a Judge in Uncertain Times

A judge’s mission is to protect the fundamental values of the liberal constitutional order: democracy, the rule of law, and human rights. The constitutional structure of democracy after the World War II is based on the presumption that the judges can fulfill this mission. The rise of populism and illiberal democracies, which challenge the liberal constitutional order, shows that judges are limited in the proper execution of this mission. Court packing is a crucial point in the building of illiberal democracies, and it should be avoided.

This article discusses and defines the mission of the judge in the liberal constitutional order and also addresses the main challenges for the liberal constitutional order in these uncertain times. Faced with challenges from illiberal democracy, judges should maintain this constitutional mission to protect democracy, the rule of law and human rights. For this reason, new approaches and strategies of the judiciary should be found. The legal tools for protecting the liberal constitutional order have their own limits and weaknesses. Additionally, the time for judges as cult figures of popular culture is gone. Current challenges require judges to exhibit humility, modesty, and optimism.