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A recent development in countries like Hungary is the introduction of broad "Sovereignty Defense" acts. These laws grant governments discretionary power to investigate NGOs, media, and private citizens who receive any foreign funding, labeling their criticism of the state as a threat to national security. Because these are "rubber laws" with vague definitions, they allow for the total suppression of civil society without the need for traditional violence. The United States and "Counter-Constitutions"
Leaders win free, fair, or semi-fair elections. autocratic legalism kim lane scheppele upd
: Changes are made through constitutional amendments, new legislation, or court packing. A recent development in countries like Hungary is
Between 2010 and 2014, Orbán’s government enacted a new constitution (the Fundamental Law), reduced the Constitutional Court’s jurisdiction over fiscal matters, slashed the retirement age for judges from 70 to 62 (dismissing nearly 300 judges at once), installed a pro-government media council, and rewrote election rules to entrench the majority. Every step was legally taken. No tanks rolled. Yet by 2014, Hungary was no longer a liberal democracy. Every step was legally taken
Scheppele's framework has traveled far beyond Central Europe. In 2023, as massive protests swept Israel against Prime Minister Benjamin Netanyahu's judicial overhaul, Scheppele's article was translated into Hebrew and published as a book. It received praise as a "must-read" in Israeli media, selling out its first two printings. An opposition lawmaker read excerpts from the book in the Knesset to argue against the proposed laws. Scheppele herself has worked with the democratic opposition to prevent the Netanyahu government from dismantling the remaining checks on its powers.
