The Juridical Coup D’État and the Problem of Authority
The German Law Journal, Vol. 8, pp. 915-28, 2007
14 Pages Posted: 16 Mar 2010 Last revised: 16 Apr 2010
Date Written: March 12, 2010
The paper focuses on authority problems created by what I call the "juridical coup d’état." After defining the concept, I discuss some of the theoretical problems that would necessarily be posed if an instance of a juridical coup d’état could, in fact, be identified. I then describe three such instances, summarize the main systemic consequences for each case (Germany, France, the EU), and provide illustrations of the authority problems produced. I conclude by addressing theoretical issues in light of the empirics.
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