Law and Authoritarianism

Catalog description

Over the last two decades, the world has witnessed an insidious rise in authoritarianism, characterized by populist leaders being voted into power in countries purporting to be constitutional democracies. This seminar, taught principally from the perspective of lawyers/practitioners, will examine the relationship between law and authoritarianism with a view to assessing the efficacy of legal tools (litigation, legal advocacy and documentation/public education) deployed in domestic and international fora for resisting authoritarian practices. The seminar will examine (i) what we mean by authoritarianism and democratic decline; (ii) whether, why, and when we should be concerned about authoritarianism and democratic decline; (iii) global trends with respect to democratic decline; (iv) why and how authoritarianism might have waxed or waned in countries which could be described as "democracies," including, for example, in Brazil, Guatemala, Hungary, India, Mexico, Poland, Senegal, and the United States; (v) the relationship between authoritarian tactics deployed in particular countries and international human rights norms such as those concerning electoral integrity, non-discrimination, freedom of expression, and judicial and prosecutorial independence and accountability; and (vi) the role of the courts and jurisprudence concerning these tactics. In addition, the course will engage students in identifying, as a practical matter, what works and what does not work in resisting contemporary authoritarianism. Elements used in grading: Attendance, class participation, written assignments, final paper. To apply for this course, students must complete and submit a Consent Application Form available at SLS Registrar, https://registrar.law.stanford.edu/.