A constitutional dictatorship is a form of

government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...

in which dictatorial powers stem from and remains limited by the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

. The dictatorship usually is granted to someone in times of emergency, such as in

Ancient Rome In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...

History

Roman dictatorship

The

Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...

made provision for a dictator who could govern unchecked for a stipulated period of time. Unlike other

magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judici ...

, a dictator was not subject to review of his actions at the conclusion of his term.

Examples of constitutionally granted powers

Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...

, President of the United States during the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

, exercised extraordinary powers to preserve the Union. Lincoln's dictatorial actions included directly ordering the arrest and detention of Confederate sympathizers and the suspension of the right to writs of ''habeas corpus''. Thomas DiLorenzo viewed that Lincoln abused such power for his political advancement, and that such usage was potentially ruinous to liberty. The

Weimar Republic The Weimar Republic, officially known as the German Reich, was the German Reich, German state from 1918 to 1933, during which it was a constitutional republic for the first time in history; hence it is also referred to, and unofficially proclai ...

, which succeeded The

German Empire The German Empire (),; ; World Book, Inc. ''The World Book dictionary, Volume 1''. World Book, Inc., 2003. p. 572. States that Deutsches Reich translates as "German Realm" and was a former official name of Germany. also referred to as Imperia ...

after the

First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

, adopted a constitutional provision that expressly enabled the president to rule by decree, without consultation with the legislative branch. That provision was used by Chancellor

Adolf Hitler Adolf Hitler (20 April 1889 – 30 April 1945) was an Austrian-born German politician who was the dictator of Nazi Germany from 1933 until Death of Adolf Hitler, his suicide in 1945. Adolf Hitler's rise to power, He rose to power as the lea ...

to consolidate his powers upon his selection by President

Paul von Hindenburg Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg (2 October 1847 – 2 August 1934) was a German military and political leader who led the Imperial German Army during the First World War and later became President of Germany (1919� ...

. US President

Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...

also exercised extraordinary powers in response to the

Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...

and the

Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. Roosevelt's actions included the closing of banks, and a moratorium on

foreclosure Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has Default (finance), stopped making payments to the lender by forcing the sale of the asset used as the Collateral (finance), coll ...

s. Later, meeting a perceived threat by Japanese nationals and Japanese-Americans, Roosevelt ordered their relocation to internment camps. In the 21st century, John Yoo, attorney and legal theorist, has offered a theory of the unitary executive for massive authority of the US president, in his capacity as commander-in-chief of the armed forces. Yoo provided the intellectual foundation for many of the actions undertaken by the George W. Bush administration in the aftermath of the attacks of September 11, 2001.

References

;General * Rossiter, Clinton, ''Constitutional Dictatorship: Crisis Government in Modern Democracies'' (Princeton University Press 1948; Reprinted by Rossiter Press 2007) * Yoo, John,
The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11
' (University of Chicago Press 2005) Authoritarianism Constitutional law Dictatorship Emergency laws {{constitutional-law-stub

History

Roman dictatorship

Examples of constitutionally granted powers

See also

References