Andrew O'Donohue
As a PhD candidate in government at Harvard's Kenneth C. Griffin Graduate School of Arts and Sciences, 2025 Harvard Horizons Scholar Andrew O'Donohue explores the complexities of democratic resilience in his project, "Law versus Democracy: Why Courts Defend or Undermine Democracy in Turkey, Israel, and Beyond." His research delves into the varying roles that courts play in either protecting or eroding democratic systems, drawing insights from compelling case studies in Turkey and Israel.
O'Donohue's interest in democracy was ignited by witnessing firsthand a military coup attempt in Turkey while working in Istanbul for the US State Department. This harrowing experience highlighted for him not only the preciousness but also the fragility of democratic freedoms, fostering a deep commitment to understanding and protecting these rights. His family’s history as Armenian Americans, who escaped persecution, further deepens his appreciation of the interplay between law and democracy.
His research challenges common assumptions about the judiciary's role as a defender of democracy. While citizens in the United States generally view an independent judiciary as a pillar of democratic defense, O'Donohue reveals that in other countries, courts are often seen as partisan weapons. Through interviews with Turkish judges and lawyers, coupled with a quantitative analysis of 3,000 Turkish constitutional court decisions, he investigates why some judiciaries undermine democracy rather than uphold it.
O'Donohue identifies a concept he calls "judicial power sharing" as crucial in determining whether courts become defenders or attackers of democracy. In Turkey, he finds that a lack of power-sharing enabled President Erdoğan to capture the judiciary, turning it into a tool for consolidating power. Conversely, Israel presents a contrasting case, where power-sharing institutions, involving civil society, current judges, and opposition voices in judicial appointments, have prevented any one political leader from dominating the courts.
His findings suggest that the key to safeguarding democracy lies in designing institutions that foster power sharing, especially in deeply divided societies. He argues that US democracy could benefit from reforms that promote judicial compromise, such as reintroducing supermajority requirements for Supreme Court confirmations and involving civil society in judicial selections, as practiced in Canada and Germany.
Through his research, Andrew O'Donohue highlights the urgent need to upgrade democratic institutions to withstand rising polarization and political manipulation. By advocating for power-sharing frameworks, he aims to build more resilient democracies capable of bridging societal divides and ensuring the impartiality of legal institutions in politically polarized environments.
The text above was generated by GPT 4.0 and engineered and edited by Paul Massari.