The Importance of the Judiciary for the Intermediary Power Structure in Liberal Democracies

The intermediary power structure mainly consists of organized private interests but also of sub-state actors, like regional and local governments, and state agencies that enjoy some degree of independence, for example courts. A totalitarian regime in the making will try to transform or destroy all intermediary groups – a process referred to as gleichschaltung in which representatives of the central state consciously abolish and remold the intermediary structure of the state with the goal of decreasing the power of actors situated between the individual and the central state. The independency of the judiciary is a tempting victim of democratic backsliding as an independent judiciary is a necessary condition for any liberal democratic system and the rule of law. This contribution tries to understand the meaning of the intermediary power structure for liberal democracies in general and the role of courts in this structure in particular. What makes such a structure effective and why do totalitarian systems not like intermediary power structures? It will identify different strategies that have been successfully employed to remove intermediary structures in general. Lepsius’ ideas on intermediary groups inspired the analysis.