Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines

Abstract

Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia's most important 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.