Law and Courts in Authoritarian States
Authoritarian rulers need law and courts as instruments of rule, to perform such functions as social control, legitimation, administrative accountability, and encouragement of investment and trade, but more than their democratic colleagues they find it difficult to sacrifice political power. Consequently, they fashion weak and dependent courts, opt for fragmented jurisdiction (with special tribunals for matters of regime interest), readily readjust the jurisdiction of courts and judicial discretion when they are provoked, or create formally independent courts that are undermined by informal practices. Authoritarian rulers prefer narrow positivist understandings of law to avoid constraints but may face pressures to meet international standards for the protection of business or human rights. Rule by law rather than any version of rule of law characterizes the role of law in authoritarian states.