Ideas Can democracies survive the attacks on the rule of law?
Oct 30, 2025
Asha Rangappa, a Yale lecturer and former FBI agent, teams up with Wayne McKay, a constitutional law expert from Dalhousie, to discuss the alarming erosion of democratic norms. They explore how leaders manipulate judicial power to undermine checks and balances. Asha highlights the gradual journey towards authoritarianism, while Wayne shares insights on Canada's legal protections. They also consider the risks posed by recent U.S. Supreme Court decisions and the normalization of federal powers, warning that public complacency could lead to dire consequences.
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Immunity Ruling Reshaped Checks And Balances
- The Supreme Court's 2024 immunity decision reshaped separation of powers by limiting checks on the president.
- Asha ties this to the 'unitary executive' view that consolidates executive authority over law enforcement.
The Shadow Docket Removes Accountability
- The Supreme Court's frequent unexplained emergency rulings (shadow docket) let government policies proceed without written reasoning.
- That lack of explanation removes accountability and guidance for lower courts.
Denial Delays Democratic Defence
- Many citizens remain in denial about democratic backsliding because they trust courts will fix problems.
- Asha says people often underestimate systemic risk until abuses become visible and personal.