Madhav Khosla, “The Authoritarian Argument.” Journal of Democracy, vol. 36, no. 3 (2025): 47-62.
Summary: The article rethinks the role of courts and judge in the autocratization process based on the case of Pakistan. It argues that attention should be shifted away from autocratization through law to law justifying autocratization. Rather than limiting the role of law to its instrumental use by autocratic leaders, the article argues that, when judges provide an explanation for an undemocratic shift, courtrooms become a potent arena for defending authoritarianism. This rationale is centered on law’s representational role in society.