What judges need to know: the anti‐factual challenge and judicial review

Today, there is a ‘knowledge crisis’, informing ‘societies of doubt’. Looked at more closely, we are confronted with attacks on expertise and knowledge, on facts and truth, as one chapter in the autocratic playbook. This challenges the legal system in many ways, be it legislation and other types of regulation, or administration and governance, as well as legal protection by courts. For courts, the challenge is particularly problematic. Judges do not only have to apply law that is more complicated than ever, with legal pluralism ranging from local to global norms. Courts are also, next to independent media, civil society and the academy, targeted by autocrats because they are in their way. Yet in addition, courts must navigate facts in new ways. The article argues that courts are needed as facilitators, curators and communicators of facts, to counter the threats and defend, not least, democracy and justice. Also, legal education must ensure that future lawyers and judges are up to these new callings.