prerogative state
nounEtymology Coined by German-Jewish lawyer Ernst Fraenkel in his book The Dual State (1941). The "dual state", originally referring to Nazi Germany, was made up of the normative state and the prerogative state.
1
Government A governmental system that exercises unlimited arbitrariness and violence unchecked by any legal guarantees.
- Post-communist development in Russia has been characterized by the development of a dual state in which the constitutional order is balanced by the consolidation of an arbitrary prerogative state.2010, Richard Sakwa, “The revenge of the Caucasus: Chechenization and the dual state in Russia”, in Nationalities Papers, volume 38, number 5, →DOI, →ISSN, pages 601–622:
- As neo-authoritarianism advances, the [Chinese Communist] Party moves to the front stage and becomes hands-on in managing important affairs, crowding out legal rules and institutions. It has expanded and solidified a prerogative state to solve politically sensitive matters through substantively extra-legal methods.2019 March 20, Hualing Fu, “Touching the Proverbial Elephant: The Multiple Shades of Chinese Law”, in China Perspectives, volume 2019, number 1, →ISSN, pages 3–9: