ABSTRACT
This chapter explores the legal bases invoked by judges to assess the lawfulness of unconstitutional usurpation of power; namely, necessity in dire situations faced by a nation, effectiveness or efficacy of the usurpation giving rise to a new legal order, sovereignty vested in the usurper as the de facto ruler of the country, the meaning of the rule of law vis-à-vis an authoritarian regime and a legal vacuum should courts refuse to uphold laws promulgated by the junta. These legal bases are assessed against criteria set by some judgments: the protection of the welfare of the people and the level of popular acceptance of the coup in the country as well as its international acceptance by the international community including global and regional organizations. Without a respectable level of popular and international acceptance of the coup, judges should see a red flag warning them that the coup lacks legitimacy, and that they must exercise their judicial duty to protect fundamental rights and freedoms even more vigilantly.
