Towards Legal Politics of Resistance: The strategic use of law to counter autocratization

A substantial body of literature has shown that the abuse of the law by elected incumbents is conducive to autocratization. However, less is known about law and resistance. This project asks how resistance is shaped by law and argues that, particularly in contexts of prolonged autocratization, law tends to be a strategic resort for resistance on behalf of civil society actors. The paper proposes the concept of 'Legal Politics of Resistance' following a critical discussion of comparative studies on autocratization, law and resistance and applies it to Central American case studies. The concept is developed with an agency-centered focus to inform about resistance that grounds on legal tactics on behalf of a set of actors who engage with increasing expertise to counter what has been labeled "autocratic legalism" (Scheppele, 2018) and "abusive constitutional borrowing" (Dixon et al., 2021). Civil society actors are expected to contest such forms of autocratization by politicizing legal responsibilities and activating a set of mechanisms. A tentative categorization of 'Legal Politics of Resistance' includes (a) domestic remedies, (b) denunciations of human rights violations and state obligations, and (c) invocations of individual responsibilities. Elements of comparative public law and international law are presented as being invoked across a range of political issues depending on the political context. The concept is tested in the region of Central America, with a specific focus on Nicaragua. The paper discusses the findings against the backdrop of global tendencies, both with regards to the autocratic use of law as well as on law as means of resistance. Thereby, the paper aims to contribute to a growing scholarly interest in resistance amidst continued autocratization with a bottom-up perspective at the intersection of politics and law.