This is How Liberty Dies? Reflections on Legal Checks and Balances through the Main Political Theme of the “Star Wars” Prequel Trilogy, in Light of the Worryingly Global Illiberal Drift

Abstract

“So this is how liberty dies… with thunderous applause” sets the tone for this reflection on the importance of the Rule of Law and checks and balances in our plural and democratic systems. Specifically, that famous Star Wars citation expresses our concern with an increasing illiberal threat to those same values, materialised by a generalised Rule of Law backsliding in several States around the World. Starting from the analysis of the causes behind this very same illiberal backsliding, especially the weaponisation of disinformation, we look at how illiberal politicians and ideologues erode checks and balances, inclusively by examining several examples of illiberal capture of political sys tems. We end this reflection on the importance of judicial independence as a guarantee of the Rule of Law, also by analysing two paradigmatic examples. Throughout this meditation, we will establish parallels between the fictional events narrated in Star Wars prequels and the real-world occurrences that mirror them. 

Keywords: Rule of Law, checks and balances, judicial independence, illiberal politicians and ideologues, Star Wars