Why are nominal constitutions common under dictatorships and military juntas?

Nominal constitutions are common under dictatorships and military juntas because these regimes often seek to borrow legitimacy by adopting the language and institutional structures of constitutional democracies. By establishing entities such as parliaments, courts, and legal codes that appear similar to those in nonautocratic systems, these regimes create a democratic facade.12

These constitutional provisions and institutions generally do not function as effective checks on power; instead, they serve as instruments for the ruling individual or group to exercise control through hierarchical procedures. In many cases, authoritarian regimes draft constitutions that provide for legislatures or judiciaries, but these institutions lack genuine independence and power, often acting only to maintain the regime's domestic and international legitimacy.12

While some military regimes may actually adhere to certain constitutional provisions, they frequently use these documents to simulate the rule of law while simultaneously employing extrajudicial repression and applying military law to civilians. Ultimately, these constitutions function as a veneer for autocratic rule, where the underlying reality remains the concentration of power in a single center and the use of force to suppress opposition.31