Authoritarian regimes are not lawless. Quite the opposite, contends Madhav Khosla in the July issue of the Journal of Democracy: “Law is a tool through which authoritarian leaders get their job done and hide their doing of it.” They embrace the legal system and use the courts as a battleground to enforce their will and justify undemocratic turns.
Authoritarians can manipulate the law to rationalize their rule, but the law can equally serve to check authoritarian power. The Journal of Democracy essays below explore the dynamics between leaders and the law. Read for free now.
The Authoritarian Argument
Authoritarian regimes are not lawless. Rather, autocrats take to the courtroom not only to enforce their will but to justify their rule. So how do they appeal to reason? How do they rationalize their undemocratic turn?
Madhav KhoslaThe Constitutionalization of Democracy
Is politics an arena without rules? No, and, increasingly, many are enshrined in constitutions. But countries that hardwire their political process into their founding charters face other risks.
Tom Ginsburg and Mila VersteegHow Authoritarians Use International Law
Through greater savvy engagement with international law, authoritarians are seeking not only to shield themselves from criticism, but to reshape global norms in their favor.
Tom GinsburgThe Rise of Legislative Authoritarianism
Democratic backsliding is usually seen as something driven by presidents, but under certain circumstances elected legislatures can cause it, too. Legislative hegemony is a growing danger.
Paolo Sosa-Villagarcia, José Incio, and Moisés ArceHow Latin America’s Judges Are Defending Democracy
Can a strong, independent supreme court serve as a guarantor of democracy? In Brazil, Colombia, and Mexico, judges are showing a surprising resolve in fending off their countries’ antidemocratic forces.
Diego A. Zambrano, Ludmilla Martins da Silva, Rolando Garcia Miron, and Santiago P. RodriguezThe Assault on Postcommunist Courts
A number of countries in East-Central Europe are facing a grave crisis of constitutional democracy. As their governments seek to undermine the institutional limits on their power, constitutional courts have become a central target.
Tom Ginsburg and Bojan Bugarič
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