Holgado, B. G., & Urribarri, R. S. (2024). The Dark Side of Legalism: Abuse of the Law and Democratic Erosion in Argentina, Ecuador, and Venezuela. American Behavioral Scientist, 68(12), 1578-1596. https://doi.org/10.1177/00027642241268332 (Original work published 2024)
The article investigates why some elected leaders successfully employ legalistic strategies to erode democracy from within and under what conditions these efforts prevail. It argues that the abuse of law is a central tool of emerging autocrats, who rely on a broad array of legal mechanisms—including constitutional amendments, executive decrees, administrative resolutions, and agency regulations—to gradually dismantle the pillars of liberal democracy. A key component of this process is the co-optation or coercion of the judiciary, which creates a façade of institutional normalcy that bolsters regime legitimacy.
Through a comparative analysis of Argentina, Ecuador, and Venezuela, the study highlights how judiciaries are transformed into instruments for legal reform and authoritarian consolidation. Courts are shown to play a crucial role in legitimizing illiberal agendas, neutralizing opposition, and facilitating the executive’s policy goals and patronage networks. By emphasizing the use of “legal narratives” to justify incremental authoritarian practices, the article situates judicial actors at the center of the autocratic toolkit and sheds light on the mechanisms through which legal forms are deployed to undermine democratic rule.