If you want, I can expand this into a longer feature, add direct quotes from Scheppele’s work, or convert it into an op-ed with policy recommendations.
At its heart, autocratic legalism represents a weaponization and politicization of legal mechanics. Rather than acting entirely outside the law, an autocratic legalist relies on the to justify their actions. As analyzed in publications like the Oxford Handbook of Authoritarian Politics and discussed by experts on the Verfassungsblog platform, this dynamic shifts governance from the "rule of law" (where power is substantively constrained) to "rule by law" (where the law acts as an instrument of executive domination).
: Modifying judicial selection committees to ensure only loyalists are appointed. autocratic legalism kim lane scheppele upd
Kim Lane Scheppele autocratic legalism as the process where democratically elected leaders use their electoral mandates to systematically dismantle the constitutional system through legal and constitutional means. Unlike 20th-century autocrats who relied on military coups, modern "legalistic autocrats" weaponize the law to consolidate power, hollowing out liberal democratic values while maintaining a "veneer of legality". Paper Outline: Autocratic Legalism I. Introduction Definition
These leaders do not suspend the constitution. They rewrite it. They do not abolish the courts. They stack them with loyalists. They do not ban the opposition outright. They impose labyrinthine bureaucratic hurdles, criminalize dissent through vaguely worded "national security" laws, and use selective prosecution to eliminate rivals. As Scheppele writes, these "legalistic autocrats" aim to consolidate power and remain in office indefinitely, eventually eliminating the ability of democratic publics to exercise basic rights or change their leaders peacefully. If you want, I can expand this into
By 2020, Scheppele was warning that autocratic legalism had become a , exported to Brazil, India, Turkey, and even Israel.
Externally, autocratic legalism allows a regime to claim “we are following the law” before the European Court of Justice, the Venice Commission, or international investors. Internally, it demoralizes the opposition by forcing them to fight legal battles on a tilted, exhausted terrain. As analyzed in publications like the Oxford Handbook
Scheppele argues that legalistic autocrats follow a predictable "script" to hollow out liberal democracies from within:
Independent civil society organizations—human rights groups, environmental advocates, anti-corruption watchdogs—are the immune system of democracy. Autocratic legalists attack them through a combination of laws: foreign funding restrictions that label them as foreign agents, intrusive reporting requirements that overwhelm their administrative capacity, and criminal defamation laws that chill their speech. In Russia, a law targeting "foreign agents" has been used to systematically dismantle civil society; in Hungary, the government has used similar tactics to drive human rights organizations out of the country.
: Illiberal reforms are presented as ordinary variations of democratic practice, making it difficult for international monitors or domestic courts to intervene. The 10-Step Playbook for Destroying Democracy Autocratic Legalism - The University of Chicago Law Review
The goal of identifying the script is not academic; it is prophylactic. As she argues, "we can learn to spot the legalistic autocrats before autocratic constitutionalism becomes fatal". In an era where democracy is increasingly lost in a fog of statutory amendments and judicial appointments, the ability to recognize the warning signs of autocratic legalism may be the single most important skill for a citizenry seeking to defend its freedom. By naming the strategy, Scheppele has armed the world with the one thing autocracies fear most: a clear-eyed legal diagnosis of their own playbook.