Autocratic legalism, formulated by Kim Lane Scheppele, describes how elected leaders use legal methods and constitutional changes to dismantle democratic checks and balances. This framework outlines how regimes exploit pre-existing laws and judicial structures to secure power, often adapting tactics through "Autocratic Legalism 2.0". Access the foundational 2018 paper via Chicago Unbound Chicago Unbound "Autocratic Legalism" by Kim L. Scheppele - Chicago Unbound
Scheppele frequently cites Hungary under Viktor Orbán and Poland (under the PiS government) as primary examples. In these cases, the leaders rewrote constitutions or passed "reforms" that effectively neutered the judiciary while claiming they were merely modernizing or "de-communizing" the system. autocratic legalism kim lane scheppele upd
Here is a concise overview of the concept, its key features, and its significance based on her work (especially her 2018 article "Autocratic Legalism" in the University of Chicago Law Review and related writings on Hungary and Poland). Changes used legal procedures (parliamentary majorities
What is autocratic legalism? — Core definition and central claims formulated by Kim Lane Scheppele
Institutional Affiliations: Princeton University (Sociology & International Affairs); University of Pennsylvania Law School (former); Central European University (former visiting faculty).
: Note how undemocratic intent is often buried under technical legal codes, making it difficult for the public or international observers to recognize the danger early on. III. The Autocratic Playbook (Typical Script) Winning Power : Secure a free and fair election victory. Capturing Institutions
: Scheppele coined this term to describe how autocrats take standard constitutional provisions from various liberal democracies and combine them to create an illiberal system that consolidates executive power. Facade of Legitimacy