Anti-Democratic Strategic Litigation | with Svenja Ahlhaus (S02E01)

In this episode we are joined by Professor Svenja Ahlhaus. Svenja Ahlhaus is junior professor of Political Theory at the University of Münster in Germany. Her research interests span from theories of political representation in ecological crises to the boundaries of political communities, migration, citizen- and membership, to questions of democracy and religion. In this episode we discuss some of Svenja’s recent and ongoing work on strategic litigation and its role in democracy; specifically whether there is such a thing as anti-democratic strategic litigation and how this concept relates to the context of strategic climate litigation.

Svenja explains some possible traits of strategic litigation that could mean that it actually undermines some core functioning of democracy. Through this conversation we gain insights on a more nuanced picture of strategic litigation. Which becomes only more important as strategic litigation becomes a more prevalent phenomenon and we are continuing to struggle with democratic backsliding. By understanding the risks it bears better, the conversation hopefully also inspires on how to address these challenges.

References

SLAPP of Energy Transfer against Greenpeace International (decision from North Dakota)

Greenpeace International fighting SLAPP under EU legislation

Recommendation

David Kirkpatrick, The Next Targets for the Group that Overturned Roe (October 2, 2023 in The New Yorker)

About

Editing: Simon Waswa

Music: “Delayed Flight” by Michael Ramir C. via mixkit

Recorded at the University of Amsterdam, June 2026

The LitDem Project

This project has received funding from the European Research Council (ERC) under the European Union’s Horizon Europe research and innovation programme (grant agreement n° 101125511).