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Before packing the court, autocrats often increase the number of seats or change appointment rules, ensuring the judiciary cannot stop their legislative agenda (a tactic used in Hungary and Turkey).
The first step is rarely a crackdown on citizens; it is a crackdown on the courts. By expanding the size of supreme courts ("court-packing") or lowering the retirement age for judges, leaders can fill judicial seats with loyalists. When the government later passes unconstitutional laws, there is no independent body left to strike them down. 2. Eliminating Checks and Balances
Scheppele coined the term to describe how autocrats create a new legal system by stitching together individual constitutional provisions—often borrowed from respected liberal democracies—that, when combined, produce an illiberal outcome. autocratic legalism kim lane scheppele upd
Turkey has provided another testing ground. A 2025 analysis on Verfassungsblog noted that while Scheppele's conventional understanding of autocratic legalism focuses on legal reforms that weaken political opposition groups, her emphasis lies on dismantling checks on executive authority rather than simply sidelining political opponents. The Turkish case, with the imprisonment of presidential candidates and the weaponization of anti-terror laws against political rivals, shows how the two dimensions often converge in practice.
Critics often focus on the fact that these moves are "legal," which paralyzes international and local opposition that respects the rule of law. However, Scheppele clarifies that . 4. Updates and Continued Relevance (Upd) Before packing the court, autocrats often increase the
The defense against autocratic legalism requires international pressure, strong civil society, and the swift action of supranational courts (e.g., the European Court of Justice) to deem legalistic reforms invalid under higher constitutional principles. Conclusion: The Continued Relevance of Scheppele in 2026
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The Evolution of Autocratic Legalism: Scheppele’s Framework in the 2026 Landscape
: The executive alters judicial appointment processes, lowers retirement ages, or expands the size of the bench to pack courts with loyalists. Turkey has provided another testing ground