Conceptualizing authoritarian constitutionalism

Abstract

Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content. With these characteristics in mind it seems contradictory to talk about "constitutionalism". In this article I propose a different understanding of authoritarian constitutionalism. I conceptualize it as a way in which ruling elites of not fully democratic states exercise power, such that the liberal democratic constitution, instead of limiting the power of the state and empowering tnose who would otherwise be powerless, is used for practical and authoritarian ideological functions. Authoritarian constitutionalism is normatively attractive as a critical tool to understand and critique this sophisticated way in which power is exercised in not fully democratic states. Moreover, I argue for a critical constitutional theory for those countries where it exists.