The Play

Elected authoritarians thrive on speed. They fast-track laws, dismantle oversight institutions, and sign corrupt contracts before resistance can catch up. But even in hostile environments, the courts can serve as a brake—delaying, exposing, and sometimes reversing their overreach.

This play is about using legal action to protect democracy. But be careful: if you misuse the judiciary to block policies with a legitimate democratic mandate, you hand authoritarians a pretext to attack the courts. Litigation—and litigators—must therefore be strategic, focused on defending democratic values, not partisan interests.

In many cases, litigation isn't just about winning a case—it's about buying time, forcing public scrutiny, and making them fight on legal terrain they don't fully control. By filing well-chosen cases, triggering procedural reviews, and demanding transparency, you can slow authoritarian momentum and raise the political cost of their overreach.

And by linking litigation to public campaigns, you can transform dry legal battles into civic causes people rally behind. When paired with broader efforts to defend judicial independence, this approach not only delays authoritarian advances—it strengthens the courts' ability to resist future attacks.

Why it works

• Slows authoritarian momentum. Procedural delays and legal scrutiny disrupt the fast pace authoritarians depend on to overwhelm opposition.
• Keeps them on the defensive. Legal challenges force authoritarians to justify their actions. Every day spent defending is a day not spent consolidating power.
• Protects space for other democratic plays. Each delay buys time to organize protests, shift public opinion, or advance protective measures.
• Raises the cost of judicial capture. Court cases expose abuses, making further institutional takeovers riskier and more politically costly.
• Builds legal and civic legitimacy. Fighting in the courts demonstrates commitment to the rule of law and creates a unifying arena for civic and political coalitions.

How it works

1. Monitor Courts and Spot Opportunities Early

Authoritarians don't announce their power grabs—they sneak them in through rushed appointments, hidden budget clauses, or procedural tweaks. Build early warning systems to track nominations, reforms, and disciplinary actions. Translate this monitoring into public-facing tools—dashboards, reports, or alerts—so threats to judicial independence are visible before they're cemented.

2. Build a Legal Brain Trust

Map and connect lawyers, rights defenders, retired judges, legal clinics, and watchdog groups. Include civic leaders and technical experts to combine courtroom credibility with public legitimacy. This brain trust should be capable of mounting complex legal cases while explaining them in language everyone can understand.

3. Choose Popular, Winnable Cases

Prioritize cases that are strong in law and powerful in the court of public opinion. Target overreaches that directly affect daily life—censorship, stolen funds, or the abuse of emergency powers. Link each case to the values courts are meant to protect, reinforcing the idea that judicial independence serves everyone.

4. Turn Hearings into Public Moments

Treat court dates as civic events. Mobilize observers, hold press briefings, and create explainers so the public understands what's at stake. Livestream proceedings whenever possible. Celebrate fair rulings loudly — and when you face an unjust one, frame it as evidence of capture, reinforcing why the fight for independent courts matters.

5. Use Multi-Front Legal Pressure

Don't rely on a single venue. File in multiple courts, trigger audits, and use oversight bodies to slow authoritarian moves. When domestic venues are too compromised, take cases to regional human rights courts or international mechanisms. The more fronts you engage, the harder it is for them to win quietly.

6. Legal Professionals as Messengers

Support bar associations, legal scholars, and respected professionals in speaking out. Call on voices that can depoliticize the issue and frame your case as a defense of the rule of law, not just opposition to a regime. Feed these statements with public-friendly narratives that explain what's at stake. At the same time, anticipate retaliation: have their legal defense ready, apply digital security protocols, and prepare a strategy for international visibility.

Tips

A. Act Early. Be Loud.

Judicial capture often begins quietly — a low-profile appointment, a minor procedural change, or a reform buried in a budget bill. By the time the consequences are visible, it may be too late. That's why early warning systems matter. Track threats, mobilize coalitions quickly, and make noise before momentum builds. Delaying or derailing even a single appointment or reform can buy crucial time — and show authoritarians that the courts are being watched.

B. Make Communication Part of the Strategy

Legal battles alone don't win hearts. From the start, prepare a communication plan that turns complex cases into clear, human stories. Use visuals, testimonies, and plain language to show how court fights affect people's daily lives. Align legal action with civic campaigns, protests, and watchdog efforts. A case is strongest when it's not only legally solid, but also part of a broader movement people feel connected to.

C. Don't ask the courts to do the Politicians' Job THE COURTS TO DO THE POLITICIANS' JOB

Use the courts to protect checks and balances, expose corruption, and challenge real abuses of power — but don't let litigation become a substitute for organizing and politics. Judicial action should slow authoritarian overreach, not block legitimate agendas we simply don't like. Every case must rest on solid legal ground and connect back to civic and political mobilization. Lawfare without legitimacy weakens both the courts and democracy itself.

Who's done it well?

Senegal: Aar Sunu Election

The Legal Fight That Brought Back the Ballot

In early 2024, President Macky Sall postponed Senegal's presidential election — a move widely condemned as unconstitutional. Aar Sunu Election ("Protect Our Election"), a coalition of 100+ civic groups, transformed outrage into coordinated legal and public pressure. While opposition parties filed petitions, Aar Sunu supplied legitimacy, technical expertise, and media visibility, ensuring the fight was framed as defending democracy, not partisan gain. The Constitutional Council ultimately ruled the delay illegal and ordered prompt elections, paving the way for a peaceful transition of power and reaffirming Senegal's democratic tradition.

"We were not defending a candidate. We were defending the people's right to choose. That's what the Constitutional Council affirmed."

Slovenia: Legal Network for the Protection of Democracy

Turning the Law into a Civic Shield

Formed in 2020 amid Janša's attacks on media, NGOs, and the judiciary, Slovenia's Pravna mreža turned litigation into a civic shield. Unlike traditional watchdogs, it built proactive infrastructure: anticipating threats, issuing early warnings, and providing legal backup to journalists, NGOs, academics, and citizens under pressure. In its first year, it fielded 1,150+ requests, filed 150+ appeals, and launched 50+ lawsuits. The network delivered people-felt protections—defending protesters, annulling illegitimate fines, and pushing courts to strike down or amend abusive COVID decrees. It translated interventions into accessible public messages, mobilizing support and raising the cost of abuse. By 2022, it had issued 20+ constitutional interventions, from blocking NGO defunding to defending academic freedom, showing how civil society can resist authoritarianism and repair democratic norms.

"We protect the constitutional foundations of democracy where others stay silent. We bring legal certainty where confusion is used as a weapon."

Poland: Free Courts

Lighting Up the Resistance

When Poland's Law and Justice party moved to capture the judiciary, the Wolne Sądy ("Free Courts") initiative turned legal defense into a public cause. Founded by lawyers and civil society leaders in 2017, they simplified complex legal threats through videos, education, and viral messaging, while organizing the iconic "Chain of Light" candle protests in over 200 towns. Alongside symbolic action, they defended persecuted judges, filed strategic cases in Polish and EU courts, and built global alliances—contributing to rulings and EU measures against unlawful reforms. By the 2023 pro-rule-of-law victory, they had kept judicial independence in the national conversation and laid groundwork for its restoration.

"When the courts stood up, we stood with them. And when they were silenced, we lit the streets until they were heard again."

Learn more

D-Hub Resources

• "Challenge them in Court." Volume 7, Institutions and Civic Space.
• "Protect Judicial Independence." Volume 7, Institutions and Civic Space.
• "Discredit the Regime Internationally". Volume 9, International Support.
• "Secure Support from Democratic Governments". Volume 9, International Support.

Other Resources

• D-Hub. 2025. "A Surprise Comeback!" The Fight for Democracy Chronicles, Volume 4.
• D-Hub. 2024. "Poland Beats Backsliding." The Fight For Democracy Chronicles, Volume 1.
• D-Hub. 2024. "Democracy on the Edge." The Fight For Democracy Chronicles, Volume 5.
• D-Hub. 2024. "Defusing the far-right bomb." The Fight For Democracy Chronicles, Volume 8.