Legal mobilization as an analytical approach and the importance of counterpower

There is little consensus regarding what legal mobilization is, let alone how it functions, particularly in relation to the separation or balance of powers doctrine, and the formal mandates of public actors and their interactions in relation to rule of law governance. The role of legal mobilization is especially contested in states with authoritarian regimes, undermining the rule of law through the illegitimate use of lawfare. In these states, executive and legislative powers have become strongly intertwined. Yet, even in relatively stable liberal democracies, states can engage in lawfare. Legal mobilization as a legitimate form of counterpower to lawfare has emerged as a viable and important component of governance. This chapter analyses the potential of legal mobilization – also as a form of counterpower – to equip civic actors to challenge power in translating and navigating the structural biases of law.