How can those in power change the system through laws and apparently proper procedures?
The system can be changed with an orderly number of votes in the assembly, a formal public hearing and a decision of the constitutional court.
The problem arises when a series of seemingly legal changes are used to permanently make the government more difficult to control and replace: it changes the way judges and supervisors choose, narrows access to information, weakens opposition rights or rearranges election rules to its advantage. Each step can have an acceptable rationale, while their joint effect becomes authoritarian. Therefore, the legality of the procedure is not the same as the political purpose and consequences. It is necessary to look at the speed, the quality of the debate, the possibility of independent control of the government.
Not every constitutional change should be declared an abuse. Content, speed, public debate and whether the government will lose elections in the future are important.
Works supporting this answer, with their evidence type and an explanation of how they relate to the claim.
comparing several countries or cases
Landau, D. (2013), „Abusive Constitutionalism“, UC Davis Law Review 47: 189–260.
Landau, D. (2013), "Abusive Constitutionalism", UC Davis Law Review 47: 189–260.
- Contribution to this answer
- Landau shows how democracy can be weakened by a completely ‘legal’ path through constitutional changes that formally respect the procedure, and essentially remove the brakes on the executive.
comparing several countries or cases
Scheppele, K. L. (2018), „Autocratic Legalism“, University of Chicago Law Review 85(2): 545–583.
- Contribution to this answer
- Scheppele shows how a series of technical changes to laws, appointments and jurisdictions can reshuffle institutions for the benefit of the government without the open abolition of a democratic constitution.
comparing several countries or cases
Varol, O. O. (2015), „Stealth Authoritarianism“, Iowa Law Review 100: 1673–1742.
- Contribution to this answer
- Varrol shows how the government can use normal legal instruments lawsuits, election regulations, media and other rules to secretly increase the price of political competition and protect itself from dismissal.
review more research
Ginsburg, T. i Huq, A. Z. (2018), How to Save a Constitutional Democracy, University of Chicago Press.
- Contribution to this answer
- Ginsburg and Huq show that the constitution itself is not a protection: the way powers are distributed can either slow down democratic erosion or give it a legal form.
review more research
Bermeo, N. (2016), „On Democratic Backsliding“, Journal of Democracy 27(1): 5–19.
- Contribution to this answer
- Bermeo shows that the gradual expansion of executive power and strategic electoral manipulation have become typical modern ways of backsliding, often without an open coup or the abolition of the constitution.
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