Using technical regulations to crush pluralism and silence critical voices.
Here is a concise, high-quality post summarizing the concept and its importance. autocratic legalism kim lane scheppele
Redrafting rules to ensure the governing party remains in power indefinitely. Using technical regulations to crush pluralism and silence
Third, autocratic legalism allows the regime to manage and contain opposition by creating a "controlled" public sphere. By selectively enforcing laws and regulations, the regime can create a sense of uncertainty and fear among citizens, opposition groups, and other stakeholders, making it difficult for them to mobilize effective opposition. Third, autocratic legalism allows the regime to manage
In the study of comparative constitutionalism, the conventional wisdom for decades was that constitutions and courts serve as bulwarks against tyranny. We assumed that authoritarians tear up constitutions, suspend courts, and rule by decree. However, in the 21st century, a new and more insidious threat has emerged. It is a threat that wears the disguise of the law itself.
The concept of , popularized by sociologist and legal scholar Kim Lane Scheppele , describes a modern method of democratic backsliding where leaders use their electoral mandates to dismantle constitutional systems through the law itself. Unlike 20th-century autocrats who relied on tanks and coups, today’s "legalistic autocrats" use parliamentary majorities and judicial reforms to hollow out liberal democracy from within. The Core Definition