@article{2016:ortega:conceptual,
title = {Conceptualizing authoritarian constitutionalism},
year = {2016},
note = {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 those 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.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {339--367},
author = {Ortega, Roberto Niembro},
volume = {49},
number = {4}
}