The Autocratic Legalism in the New Dual States

The conventional idea of the dual state presumes a two-winged authoritarian state mechanism that is based on the co-existence of “normative” and “prerogative” states (Fraenkel). This paper will draw attention to the similarities and differences in the political and legal anatomies of the current dual state cases of Russia and Turkey, and the German case of the 1930s. Emphasis will be placed on the changing character of contemporary prerogative states which are now more subtle and complex. Different from the case of the Third Reich, the current dual state practice is not associated with a prerogative state undermining the normative state. Instead, autocratic legalism (Scheppele), common in these practices, targets the nature of the normative state through its ideals to reconstruct the concept of legalism. This new framework gives rise to a new pathological formation of illiberal democracy in the current dual states.