Permanent states of emergency and the rule of law : constitutions in an age of crisis / Alan Greene.

Format:

Book

Author/Creator:

Greene, Alan (Law teacher), author.

Series:

Hart studies in security and justice.

Hart studies in security and justice

Language:

English

Subjects (All):

Constituent power.

Constitutional law.

Crisis management in government.

Effectiveness and validity of law.

Emergency management.

Rule of law.

War and emergency powers.

Physical Description:

1 online resource (245 pages).

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

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.

Contents:

The ideal state of emergency

The permanent state of emergency

Permanent states of emergency and constituent power

Permanent states of emergency and legal black holes

Permanent states of emergency and legal grey holes

Alternatives to constitutional emergency accommodation

Resisting the permanent state of emergency.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509906185

1509906185

9781509906178

1509906177

OCLC:

1012685709