An Entrepreneurial View of Judicial Capture

Abstract This is a case study of Guatemala’s judicial system, initially designed to be a pluralist model in 1984. However, it is now captured by political entrepreneurs who are undermining liberal democracy. The research warns about similar risks in other young democracies and explains the pitfalls of judicial councils and capturable courts. Although judiciaries are now seen as safeguards against authoritarianism, this study demonstrates how they can be subverted. Unlike authoritarian populists who weaken judicial institutions through popular support, this case shows how entrepreneurs rely on intimidation and capture. Using data of the growth of lawyers, I propose the entrepreneurs outnumbered the elites committed to democracy and captured the nomination process in favor of uncommitted elites leading to democratic backsliding.