Autocratic legalism
Autocratic legalism is a form of weaponized legalism and politicisation of the law.[1] Political scientist Javier Corrales first defined the term and it was later expanded upon by sociologist Kim Lane Scheppele. The term describes the use of legal measures to weaken the checks and balances in liberal constitutional democracies, effectively transforming them from democratic systems into autocracies and hybrid regimes.[2]
Corrales originally defined the idea as "the use, abuse, and non-use of the law in service of the executive branch" as a description of Venezuela's government and slide towards authoritarianism under Hugo Chávez.[3] Scheppele takes a broader approach, using it to describe the same methods but "emphasizing the deliberate creation of new law as a way of consolidating political power". In addition to Venezuela, Scheppele has observed the use of autocratic legalism in Russia, Hungary, Poland, Turkey, and Ecuador, among many others. Scheppele describes autocratic legalism as a way for autocrats to game the system of liberal constitutionalism.[4]
Other terms that describe similar legal approaches include constitutional authoritarianism, rule by law, and abusive constitutionalism.[1]
History
[edit]Before the end of the Cold War, the most common form of democratic backsliding occurred through the use of election fraud or the military coup d'état. Since the 1990s, this pattern has changed. Today, the most frequent threats to democratic governance comes from legally elected heads of state. One of the primary mechanisms they use to weaken checks and balances, consolidate power, and centralize decision making in the executive branch is through autocratic legalism. This allows these leaders to slowly transform democratic institutions into autocracies while giving the appearance and facade of a functioning democracy.[1]
See also
[edit]References
[edit]- ^ a b c Howard, Robert M.; Randazzo, Kirk A.; Reid, Rebecca Ann (Eds.). (2023). Research Handbook on Law and Political Systems. Edward Elgar Publishing. pp. 8, 174, 185. ISBN 9781800378339. OCLC 1800378335.
- ^ Marantz, Andrew (June 12, 2023). "Minority Rules". The New Yorker. 99 (16): 46–55. Retrieved July 21, 2025.
- ^ Corrales, Javier (April 2015). "The Authoritarian Resurgence: Autocratic Legalism in Venezuela". Journal of Democracy. 26 (2): 37-51. Retrieved July 18, 2025.
- ^ Scheppele, Kim L. (2018). "Autocratic Legalism". University of Chicago Law Review. 85 (2): 345–442. Retrieved July 18, 2025.
Further reading
[edit]- Corrales, Javier (2022). Autocracy Rising: How Venezuela Transitioned to Authoritarianism. Germany: Rowman & Littlefield. ISBN 9780815738077. OCLC 1285707378.