Public law has a dual role in the phenomenon of democratic decay: it can be used as a weapon to hollow out democratic governance, or as a shield to protect democratic rule, not only from specific political actors but also from wider processes that threaten to incrementally degrade the democratic system. This section provides an index of relevant terms.

NB: This Index is currently under construction and less developed than the Concept Index. It will be developed, refined and expanded in the coming months. 

 

purpose of the law index

This section will provide an index of terms related to the key ways in which law is used as a weapon and a shield in the context of democratic decay, based on existing literature and global trends. These are not exhaustive lists but will be expanded over time. 

It is important here to emphasise that many attacks on democratic rule are made without using the law, and that many solutions lie outside the law. The purpose of this section is to focus on how law is misused to achieve undemocratic ends, and what 'added value' law provides as a safeguard. In many cases, solutions will require both political and legal action.