The rise of autocratic legalism poses a significant threat to democracy, human rights, and the rule of law. It is essential that we recognize the dangers of this phenomenon and take steps to protect democratic values and institutions. This includes:
One of Scheppele’s most enduring contributions to the literature is her metaphor of the "Frankenstate." Drawing on the image of Frankenstein’s monster, she describes how autocrats stitch together their regimes using bits and pieces of established democratic systems. They do not invent new, alien forms of government; rather, they find the worst, most repressive elements of various constitutions and combine them into a monster that can overpower the democratic host. autocratic legalism kim lane scheppele upd
The past year saw two high-profile cases—in Slovakia and South Korea—where executive-aligned constitutional courts issued rulings that effectively suspended parliamentary elections indefinitely, citing “national stability.” This is classic autocratic legalism: using judicial review to freeze democracy, not protect it. The rise of autocratic legalism poses a significant
is a strategy used by democratically elected leaders to systematically dismantle democratic institutions and consolidate power through the law, rather than by overthrowing it. They do not invent new, alien forms of
This article explores the architecture of Scheppele’s theory, its empirical grounding in Central Europe, its evolution through the Trump and Orbán eras, and its urgent implications for liberal democracies today. While the keyword often attaches “UPenn” to her name due to her influential years at Penn’s Law School and the Andrea Mitchell Center for the Study of Democracy, Scheppele’s institutional home is now Princeton. But her intellectual DNA remains deeply woven into the legal realism of the Philadelphia-New York corridor.
They use legislation to cripple the opposition, silence independent media, and capture the judiciary.
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.