: Use state resources to turn media into a government echo chamber and suppress dissent. Defund Opposition

: Requires that laws adhere to substantive liberal principles, including individual rights, institutional checks and balances, and the separation of powers.

Kim Lane Scheppele’s concept of describes a specific style of democratic backsliding where aspiring autocrats use legal and constitutional means to dismantle the very democratic systems that brought them to power.

They use legal tools, including parliamentary majorities and judicial appointments, to dismantle checks and balances.

Autocratic legalism makes the destruction of democracy perfectly legal .

No update is complete without acknowledging critiques. Some scholars (e.g., Tom Ginsburg, Aziz Huq) argue that autocratic legalism risks over-extension—calling every political conflict over courts a sign of authoritarianism. Others note that Scheppele’s model struggles with (e.g., Belarus or Russia’s post-2022 crackdowns, where torture and disappearances supplement legal tactics).

: A common tactic involves "tinkering" with judicial tenure or standardizing appointments to ensure judges align with the executive's wishes. The University of Chicago Law Review Recent and Related Work Autocratic Legalism - The University of Chicago Law Review

At its core, autocratic legalism describes a process where democratically elected leaders use their electoral mandates to dismantle the very democratic institutions that put them in power. Unlike traditional dictators, these leaders don’t break the law; they use the law to break the system.

The core of Scheppele’s argument lies in the distinction between "rule by law" and "rule of law." In a liberal democracy, the rule of law acts as a constraint on power; the law stands above the ruler. In autocratic legalism, however, the law is instrumentalized—it becomes a weapon for the ruler to consolidate power and neutralize opponents.

Autocratic Legalism Kim Lane Scheppele Upd [hot] Jun 2026

: Use state resources to turn media into a government echo chamber and suppress dissent. Defund Opposition

: Requires that laws adhere to substantive liberal principles, including individual rights, institutional checks and balances, and the separation of powers.

Kim Lane Scheppele’s concept of describes a specific style of democratic backsliding where aspiring autocrats use legal and constitutional means to dismantle the very democratic systems that brought them to power. autocratic legalism kim lane scheppele upd

They use legal tools, including parliamentary majorities and judicial appointments, to dismantle checks and balances.

Autocratic legalism makes the destruction of democracy perfectly legal . : Use state resources to turn media into

No update is complete without acknowledging critiques. Some scholars (e.g., Tom Ginsburg, Aziz Huq) argue that autocratic legalism risks over-extension—calling every political conflict over courts a sign of authoritarianism. Others note that Scheppele’s model struggles with (e.g., Belarus or Russia’s post-2022 crackdowns, where torture and disappearances supplement legal tactics).

: A common tactic involves "tinkering" with judicial tenure or standardizing appointments to ensure judges align with the executive's wishes. The University of Chicago Law Review Recent and Related Work Autocratic Legalism - The University of Chicago Law Review They use legal tools, including parliamentary majorities and

At its core, autocratic legalism describes a process where democratically elected leaders use their electoral mandates to dismantle the very democratic institutions that put them in power. Unlike traditional dictators, these leaders don’t break the law; they use the law to break the system.

The core of Scheppele’s argument lies in the distinction between "rule by law" and "rule of law." In a liberal democracy, the rule of law acts as a constraint on power; the law stands above the ruler. In autocratic legalism, however, the law is instrumentalized—it becomes a weapon for the ruler to consolidate power and neutralize opponents.