Kimberly Wehle
NIAS Theme Group Coordinator
Project title
Institutional Vulnerabilities and Democratic Resilience in an Age of Rising Autocratization and AI
Research question
Under what conditions do legitimizing institutions fail to uphold democratic norms, facilitate authoritarian consolidation, and what modern reforms can enhance resilience against autocratic creep?
Project description
Kimberly Wehle’s project examines the circumstances under which historically legitimising institutions—particularly the judiciary, academia, and independent media—have failed to uphold democratic norms, thereby facilitating the rise of illiberal and authoritarian actors. She also investigates institutional reforms that could bolster resilience against autocratisation, taking into account the transformative impact of artificial intelligence and the distinctive challenges of the twenty-first century.
In both the United States and Europe, liberal institutions have come under pressure from rising populism, social polarisation, declining public trust, and the complex interplay of legal, epistemic, and communicative structures. Courts interpret constitutional and legal boundaries, academia produces authoritative knowledge and fosters critical inquiry, and independent media mediates public discourse while ensuring accountability for public actors.
When these institutions are captured, delegitimised, or weakened, they create openings for incremental authoritarian consolidation. By tracing patterns of interaction among institutions, her research seeks to provide both conceptual insight and practical policy recommendations.
Selected publications
- “The Ninth Amendment Post-Dobbs: Could Federalism Swallow Unenumerated Rights?” Maryland Law Review, Vol. 83, No. 3, 2024, University of Baltimore School of Law Legal Studies Research.
- Pardon Power: How the Pardon System Works–and Why (Woodhall Press, September 2024) (2025 Silver Winner of The Independent Book Publishers Association (IBPA) Book Award, Political and Current Events)
- How to Think Like a Lawyer–and Why: A Common-Sense Guide to Everyday Dilemmas (HarperCollins, February 2022)
- Kimberly L. Wehle and Jackson Garrity. “Executive Accountability Legislation from Watergate to Trump–And Beyond” University of Pennsylvania Journal of Law & Public Affairs, Vol. 7, No. 1, 2021, University of Baltimore School of Law Legal Studies Research.
- What You Need to Know about Voting–and Why (HarperCollins, June 2020)
- How to Read the Constitution–and Why (HarperCollins, June 2019)
- “Anonymity, Faceprints, and the Constitution” George Mason Law Review, Vol. 21, No. 2, Winter 2014, pp. 409-466, University of Baltimore School of Law Legal Studies Research Paper No. 2014-14
- “Government by Contract and the Structural Constitution” Notre Dame Law Review, Vol. 87, No. 2, 2011, pp. 491-535., University of Baltimore School of Law Legal Studies Research Paper No. 2012-12