Scheppele's foundational essay, "Autocratic Legalism," published in the University of Chicago Law Review in 2018, opens with a deceptively simple proposition: "Buried within the general phenomenon of democratic decline is a set of cases in which charismatic new leaders are elected by democratic publics and then use their electoral mandates to dismantle by law the constitutional systems they inherited". These "legalistic autocrats" aim to consolidate power, remain in office indefinitely, and eventually eliminate the ability of democratic publics to hold them accountable or change leaders peacefully.
: Historically, the Law and Justice party followed a similar playbook by targeting the independence of the Supreme Court and the National Council of the Judiciary.
The "Hungarian model" of legalistic, illiberal constitutionalism has been studied for its influence on other, similar movements across Europe and beyond. autocratic legalism kim lane scheppele upd
The rise of autocratic legalism poses a significant threat to democracy, human rights, and the rule of law. It is essential that we recognize the dangers of this phenomenon and take steps to protect democratic values and institutions. This includes:
According to Scheppele’s foundational 2018 essay in The University of Chicago Law Review , autocratic legalism refers to a specific type of democratic backsliding: more accessible overview
Critics often focus on the fact that these moves are "legal," which paralyzes international and local opposition that respects the rule of law. However, Scheppele clarifies that . 4. Updates and Continued Relevance (Upd)
For a shorter, more accessible overview, see: Scheppele clarifies that . 4.
If constitutional changes are the tank and legislation is the artillery, bureaucratic harassment is the sniper fire.
Coined by political scientist Javier Corrales and famously expanded by Princeton University sociologist and legal scholar Kim Lane Scheppele in her seminal 2018 paper published in the University of Chicago Law Review , the concept explains why modern democratic backsliding rarely involves violent military coups. Instead, today’s autocrats rely on teams of lawyers rather than tanks to build illiberal regimes under a flawless veneer of procedural legitimacy. The Core Concept: Rule BY Law vs. Rule OF Law