Autocratic Legalism Kim Lane Scheppele Upd

Kim Lane Scheppele’s concept of Autocratic Legalism 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.

Key Examples (Scheppele's Focus)

Scheppele developed this concept primarily to analyze the post-2010 trajectories of: autocratic legalism kim lane scheppele upd

• What was done:
  1. The erosion of democratic norms: Autocratic legalism undermines the norms and values that underpin democratic governance, such as the separation of powers, free and fair elections, and the protection of individual rights.
  2. The suppression of dissent: Autocratic regimes use the law to silence opposition, restrict freedom of speech and assembly, and intimidate civil society organizations.
  3. The creation of a culture of fear: Autocratic legalism fosters a culture of fear, where citizens are reluctant to challenge the government or express dissenting opinions.

  Further Reading: Kim Lane Scheppele, “Autocratic Legalism” (2018) and her 2026 EUI working paper, “The New Legal Arsenal of Illiberalism.” What was done:

  The Facade of Legality: Because these laws are formally enacted through constitutional procedures, they possess a "cloak of legitimacy" that makes them difficult to challenge at home or abroad. The erosion of democratic norms : Autocratic legalism