Autocratic Legalism Kim Lane Scheppele Jun 2026

Second, autocratic legalism enables the regime to consolidate its power by creating a complex system of controls and checks on potential opponents. By manipulating laws and institutions, the regime can limit the ability of opposition groups to organize, access information, or challenge the regime's authority.

Scheppele argues that modern autocrats—most notably Viktor Orbán in Hungary and Vladimir Putin in Russia—do not seize power through a dramatic coup d'état. There are no tanks in the streets. Instead, they manipulate the legal system from the inside.

Moreover, autocratic legalism underscores the need for a more nuanced understanding of the complex relationships between law, politics, and power. As Scheppele argues, "autocratic legalism is not simply a deviation from the norm, but rather a distinctive and coherent strategy of rule that deserves to be taken seriously."

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By Mir Adnan Aziz. The representational image shows a gavel in a court representing rule of law. — Unsplash/File. Legal scholar Ki... The News International Autocratic Legalism and the Measures of Democracy It is widely recognized that autocratization preformed through classical coups belongs to the 20th century. Today, democracies are... European Union Studies Association "Autocratic Legalism" by Kim L. Scheppele - Chicago Unbound Abstract. Buried within the general phenomenon of democratic decline is a set of cases in which charismatic new leaders are electe... Chicago Unbound Autocratic Legalism - The University of Chicago Law Review Constitutional democracy is indeed a pluralistic category. There is a wide but normatively justifiable variation in the in- stitut... The University of Chicago Law Review Autocratic legalism - Wikipedia Legalistic autocrats, according to Scheppele, follow a basic playbook to come to power through elections, and then slowly use lega... Wikipedia Autocratic Legalism | The University of Chicago Law Review By now, we know the pattern: A constitutional democracy, flawed but in reasonably good standing, is hit by a transformative electi... The University of Chicago Law Review Autocratic legalism - Princeton University Mar 15, 2018 —

Scheppele outlines a distinct sequence of moves common to autocratic legalist regimes:

In her seminal work, "Autocratic Legalism," Kim Lane Scheppele, a renowned legal scholar, introduces a novel concept that challenges traditional understandings of the relationship between law and autocracy. Scheppele argues that autocracies often employ a distinctive form of legality, which she terms "autocratic legalism." This phenomenon refers to the ways in which authoritarian regimes use law as a tool to legitimize and consolidate their power, while simultaneously undermining the very principles of legality. In this essay, we will explore Scheppele's concept of autocratic legalism, its key features, and its implications for our understanding of the intersection of law and politics in authoritarian regimes.

In an autocratic legalist state, the law becomes instrumental. The law is merely a tool for the ruler to achieve a specific end. If a law stands in the way, the constitution is amended. Scheppele notes that in Orbán’s Hungary, the constitution has been amended or replaced so frequently that it no longer provides a stable framework for society; it is merely a reflection of the current ruler’s will.

One of Scheppele’s most enduring contributions to the field is the concept of the Just as Dr. Frankenstein stitched together a monster from the body parts of normal humans, autocratic legalists stitch together a legal monster using pieces of established, reputable legal systems.