Permanent States of Emergency and the Rule of Law

Constitutions in an Age of Crisis

Nonfiction, Reference & Language, Law, Civil Rights, Constitutional
Cover of the book Permanent States of Emergency and the Rule of Law by Dr Alan Greene, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Alan Greene ISBN: 9781509906161
Publisher: Bloomsbury Publishing Publication: April 5, 2018
Imprint: Hart Publishing Language: English
Author: Dr Alan Greene
ISBN: 9781509906161
Publisher: Bloomsbury Publishing
Publication: April 5, 2018
Imprint: Hart Publishing
Language: English

Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

More books from Bloomsbury Publishing

Cover of the book Armored Units of the Russian Civil War by Dr Alan Greene
Cover of the book The Sultan's Daughter by Dr Alan Greene
Cover of the book Stirling’s Desert Triumph by Dr Alan Greene
Cover of the book Sustainable Thinking by Dr Alan Greene
Cover of the book Fortifications of the Western Front 1914–18 by Dr Alan Greene
Cover of the book Kitty's Magic 3 by Dr Alan Greene
Cover of the book The Cthulhu Wars by Dr Alan Greene
Cover of the book Anti-Cartel Enforcement in a Contemporary Age by Dr Alan Greene
Cover of the book Big Data by Dr Alan Greene
Cover of the book Sports Geek by Dr Alan Greene
Cover of the book Waiting at the Prison Gate by Dr Alan Greene
Cover of the book Little Owl's Egg by Dr Alan Greene
Cover of the book Colonial Food by Dr Alan Greene
Cover of the book Samurai Armies 1550–1615 by Dr Alan Greene
Cover of the book Prophet's Prey by Dr Alan Greene
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy