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In a controversial extension, Scheppele’s 2026 working paper (pre-circulated at Princeton’s “Democratic Resilience” workshop) applies the framework to the United States—not as a full autocracy, but as a case of . Examples:
Kim Lane Scheppele’s theory of autocratic legalism serves as a warning that the greatest threat to modern democracy does not come from lawlessness, but from the law itself when divorced from liberal values. It reveals that constitutional checks and balances are not fail-safes, but merely speed bumps for a determined autocrat with a parliamentary majority. autocratic legalism kim lane scheppele upd
This involves using legal maneuvers that might be "technically" legal—such as changing court sizes or redrawing electoral districts—but are clearly intended to permanently disadvantage political rivals. This involves using legal maneuvers that might be
What it is Autocratic legalism is not lawlessness; it is legal manipulation. Governments rewrite constitutions, pass targeted legislation, stack courts, purge independent institutions, and redefine crimes to neutralize opponents. The hallmark is the replacement of norm-based democratic constraints (independent norms, professional ethics, impartial institutions) with positive law crafted or interpreted to entrench the incumbent’s advantage. Law becomes the instrument and justification of authoritarian consolidation. The hallmark is the replacement of norm-based democratic
: Replace career experts with political loyalists to ensure administrative compliance. Dismantle Checks : Systematically weaken independent oversight bodies. Install Loyalists
Backsliding happens via "a death by a thousand cuts"—small, technical changes that may go unnoticed until democracy is effectively hollowed out.