In contrast, treats the legal system as a tool for the state to communicate and enforce its will. Autocratic legalists often claim they are following the rule of law because their reforms are technically "legal"—enacted according to constitutional procedures—but the substantive effect is the destruction of democratic accountability. Case Studies: Hungary and Beyond

Second, autocratic legalism often involves the manipulation of existing legal institutions, such as courts and parliaments, to serve the interests of the ruling elite. This can involve packing courts with loyal judges, corrupting prosecutors, or using parliamentary majorities to pass legislation that consolidates the regime's power.

It creates a legitimacy trap . Because changes follow legal procedure, external actors (EU, US) struggle to respond without violating their own commitment to rule of law. Meanwhile, citizens see a functioning legal system—until it’s too late.

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

Scheppele observes that the laws used to dismantle democracy in Hungary and Russia were not invented from whole cloth. They were often copied verbatim from the constitutions of mature democracies like the United States, Germany, or Italy.

Scheppele defines autocratic legalism as the deliberate use of legal and constitutional engineering to implement an illiberal agenda. These leaders come to power through free and fair elections and then use their mandates to:

Third, autocratic legalism allows the regime to manage and contain opposition by creating a "controlled" public sphere. By selectively enforcing laws and regulations, the regime can create a sense of uncertainty and fear among citizens, opposition groups, and other stakeholders, making it difficult for them to mobilize effective opposition.

Kim Lane Scheppele’s theory of Autocratic Legalism fundamentally changed how political scientists and legal scholars view democratic backsliding. It shifted the focus from the "strongman" personality cult to the bureaucratic and legal mechanics of power.

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.