Definition
A process where elected leaders use legal and constitutional means to undermine democracy—often by altering the constitution—to weaken checks and balances, entrench their own power, and restrict rights, all while maintaining a facade of legality.
Term popularised by scholars David Landau and later expanded in constitutional law literature.
Core Characteristics
- Legal Facade:
- Changes are made through formal constitutional amendments or judicial interpretations, not coups.
- Gives the appearance of legitimacy.
- Gradual Erosion:
- Democratic institutions weakened over time (slow decay rather than sudden collapse).
- Instrumental Use of Constitution:
- Constitution becomes a tool for power consolidation, rather than a check on power.
Common Tactics
- Amending Term Limits: Removing or extending limits to allow leaders to stay in power longer.
- Restructuring Courts: Packing judiciary with loyal judges; curtailing judicial review powers.
- Restricting Opposition: Using constitutional changes to limit political competition, control electoral bodies.
- Curtailing Rights: Narrowing the scope of free speech, press freedom, or assembly under constitutional cover.
- Federalism Tweaks: Reallocating powers to weaken opposition-controlled states/regions.
Examples
- Hungary (Viktor Orbán) – constitutional amendments consolidating executive control.
- Venezuela (Hugo Chávez, Nicolás Maduro) – rewriting constitution to extend presidential terms, weaken checks.
- Turkey (Recep Tayyip Erdoğan) – constitutional reforms expanding presidential powers.
- Russia (Vladimir Putin) – amendments enabling extended rule beyond original limits.
Difference from Authoritarian Takeover
- Authoritarian Takeover: Often involves military coups or extra-constitutional actions.
- Abusive Constitutionalism: Operates within the legal framework, making it harder to challenge internationally.
Dangers
- Erodes public trust in the constitution.
- Makes democratic backsliding harder to detect & resist.
- Creates “constitutional authoritarianism” masked as democracy.