New facets of the dual state: A comparative analysis

Abstract

The concept of the dual state has recently been revisited by various scholars to shed light on the operation of state mechanism in current autocratic regimes. From Fraenkel's perspective, the idea of dual state presumes a two-winged state mechanism, which is based on the co-existence of 'normative' and 'prerogative' states. Besides the classical model on the legal regime of the Third Reich, it seems that it has become an excellent tool for the sustainability of current autocratic and populist polities. This paper will draw attention to the similarities on the political and legal anatomies of current cases and the German case of the 1930s. In doing so, it will place an emphasis on the changing character of contemporary prerogative states which are more subtle and complex, and therefore could be more hazardous for democratic ideals than their historical counterparts. © 2021 Elsevier B.V., All rights reserved.