Constitutional coup

A constitutional coup occurs when a person or group seizes political power in a way consistent with their country's constitution, as opposed to a traditional violent coup d'état, often by exploiting loopholes or ambiguities in said constitution.[1] Supporters of constitutional coups exploit their political power to semi-legally seize more.[2] Constitutional coups can be carried out in many ways, including removing term or age limits, changing electoral rules to hinder opposing candidates, and postponing elections indefinitely.[3]

Constitutional coups are often facilitated by weak democratic institutions and an absence of "democratic culture" within countries.[4] Struggles between rival factions, particularly between ethnocultural or religious groups, are a common facilitator of constitutional coups.[4] Constitutional coups often involve willing and participatory parliaments and changes to term limits are often accompanied by other constitutional changes which are meant to weaken political opposition and ensure election victories.[3] These coups are considered a relatively recent occurrence in global democracies.[2]

  1. ^ Scheppele, Him (2014). "Constitutional Coups and Judicial Review: How Transnational Institutions can Strengthen Peak Courts at Times of Crisis (With Special Reference to Hungary)". Transnational Law & Contemporary Problems. 23: 51 – via Hein Online.
  2. ^ a b Newman, Katja (May 7, 2011). "Constitutional Coups: Advancing Executive Power in Latin American Democracies" (PDF). Department of Political Science University of California, Irvine.
  3. ^ a b Mbaku, John Mukum. "Constitutional Coups as a Threat to Democratic Governance in Africa" (PDF). International & Comparative Policy and Ethics Law Review: 78–129.
  4. ^ a b Mbaku, John Mukum (October 30, 2020). "Threats to democracy in Africa: The rise of the constitutional coup". Brookings.

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