ABSTRACT

Chapter 3 critically examines domestic lawfare, involving power accumulation and the (ab)use of state legal instruments to undermine political adversaries. We argue that in authoritarian regimes domestic lawfare is inherent to the system. Conversely, in liberal democratic regimes it is an anomalous practice that has potentially damaging consequences. To illustrate our argument, we use examples of democratic polities in Europe and Latin America, where domestic lawfare erodes judicial independence and, in the most severe cases, leads to the incarceration of opposition figures.