Abstract

Democratization studies have proven that the main difference between autocracy and democracy is, counter-intuitively, not the basic regime structure, but rather, the function and validity of democratic formal institutions defined as rules and norms.1 In ‘defective democracies’,2 or in the grey zone between authoritarian regimes and consolidated democracies, formal institutions disguise specific informal institutions which are usually ‘the actual rules that are being followed’.3 Moreover, scholars have investigated the issue of stateness: ‘without a state, no modern democracy is possible’.4 This article sheds light on this grey zone, particularly, on the type of state whose coercive state apparatus is autonomous. Its autonomy results primarily from the interplay between formal and informal institutions in post-transitional settings where ‘perverse institutionalization’5 creates and fosters undemocratic informal rules and/or enshrines them as formal codes. If the military autonomy reaches a threshold ranging from high to very high, constitutional institutions become Janus-faced and can enforce a sui generis repertoire of undemocratic informal institutions. Thus, the state exerts formal and informal ‘domination’,6Herrschaft in a Weberian sense. This modality of dual domination is what I call ‘deep state’.

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