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In the era of ‘democratic backsliding’, the judiciary, with the constitutional or supreme court at its helm, have been one of the prime targets. This attack comes against the backdrop of the liberal constitutionalist presumption that the independence of judiciary is indispensable to checks and balances, and that the judiciary, acting as the guardian of the constitution, is required to counteract the excesses of democracy. 

For the third year in a row, Markus Böckenförde gave a guest lecture at the University of Airlangga, Indonesia. This time, too, the content of the lecture was a topic from the field of constitutional theory. After speaking on 'Constitutional Implementation' in 2021 and 'Unconstitutional Constitutional Amendments' in 2022, in 2023 he spoke on 'Informal Constitutional Change'.