"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."
Autocratic legalism is the strategy whereby democratically elected leaders use the law and constitutional machinery to systematically eliminate checks on their power, crush opposition, and solidify their rule. This article explores Scheppele’s seminal work, the mechanisms of this legalistic assault, and how "legalistic autocrats" operate. 1. What is Autocratic Legalism? (Scheppele’s Definition)
: Longstanding protections for bureaucrats are removed, allowing independent institutional posts to be filled by political loyalists.
This theme is echoed in a forthcoming 2025 article in the German Law Journal , where Scheppele explores how judges at transnational courts are developing a jurisprudence that transforms the vindication of individual rights into requirements that states maintain democratic structures. While it is unclear if this jurisprudence can prevent backsliding, it may become essential as "new democrats" attempt to restore constitutional institutions using these decisions as guidelines for democratic reform. autocratic legalism kim lane scheppele upd
Scheppele and other scholars identify a recurring pattern used by "legalistic autocrats": The University of Chicago Law Review Win Fair Elections : Gain initial power through legitimate, free elections. Capture the Legislature
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Example E — United States (debated elements: constitutional hardball) "Buried within the general phenomenon of democratic decline
Case studies (illustrative)
To protect democratic stability, we must look beyond the "legality" of a leader's actions and scrutinize whether those actions preserve or perish the democratic soul of the nation.
: Rewrite voting laws to ensure the incumbent can never lose another election. 3. Recent Updates & Emerging Tactics (2024–2026) What is Autocratic Legalism
Understanding Autocratic Legalism: Kim Lane Scheppele’s Framework for Modern Backsliding
: 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.