Law and Courts in Authoritarian Regimes

1 unit

This course offers an introduction to the role of law and the diverse actors in the justice system in authoritarian regimes. It mixes theoretical works with historical and contemporary case studies, drawing on insights from social science, political theory, and law. After a session discussing and clarifying the concepts that we will use throughout the course, we will first analyze the roles of constitutions, laws and legality in non-democratic regimes. Then we will delve into the role of courts, judges, and legal activists in the construction and operation of a “dual State”, in which regular legality in some areas of law coexists with arbitrary legalism in other areas and for some persons or groups. Finally, we will analyze the growing use of digital technologies by autocratic governments, and the relationship between law and democratic erosion. Readings and discussions will be drawn from a mix of academic, historical, and popular sources, and from authoritarian regimes as diverse as Nazi Germany, Spain under Franco, Mexico under the PRI, China, Russia, and Singapore. The course does not assume any specific knowledge of foreign legal systems.