Ultimately, Kim Lane Scheppele reveals that the most dangerous enemy of democracy is not the revolutionary smashing the state, but the lawyer quietly rewriting its rules. Autocratic legalism is the 21st-century coup—and it arrives not with a bang, but with a gavel.
According to Scheppele, autocratic legalism has several key features: kim lane scheppele autocratic legalism
Scheppele defines autocratic legalism as a system in which law is used to legitimize and consolidate authoritarian power. In such systems, law is not used to constrain the exercise of power, but rather to facilitate it. Autocratic legalism involves the manipulation of legal institutions, laws, and regulations to suppress opposition, entrench the ruling party, and maintain control over society. Ultimately, Kim Lane Scheppele reveals that the most
These leaders often adopt legal tools used in established democracies (like gerrymandering or specific judicial appointment processes) but apply them in toxic combinations to kill off constitutionalism. In such systems, law is not used to
Scheppele's work on autocratic legalism has significant implications for our understanding of authoritarian politics and the rule of law. Her research highlights the ways in which law can be used to undermine democracy and entrench authoritarian power. It also underscores the importance of protecting constitutional rights, ensuring the independence of legal institutions, and promoting the rule of law in preventing the rise of autocratic legalism.
Because changes are enacted through formally legitimate procedures, it is difficult for citizens or international monitors to identify and challenge them in real-time. The Autocratic Script: A Step-by-Step Dismantling