Constitutionalism under extreme conditions : law, emergency, exception

Full Title:

Constitutionalism under extreme conditions : law, emergency, exception

Other Author:

Albert, Richard.
Roznai, Yaniv.

Statement of Responsibility:

edited by Richard Albert and Yaniv Roznai

Series:

Ius Gentium: Comparative Perspectives on Law and Justice

Series Volume:

82

Language:

English

Description:

IX, 452 p.

Summary:

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law...

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Summary:

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This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure.

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Contents:

• Introduction: Modern Pressures on Constitutionalism • Introduction: Emergency, Exception and Normalcy • From Institutional Sovereignty to Constitutional Mindset: Rethinking the Domestication of the State...

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Contents:

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• Introduction: Modern Pressures on Constitutionalism • Introduction: Emergency, Exception and Normalcy • From Institutional Sovereignty to Constitutional Mindset: Rethinking the Domestication of the State of Exception in the Age of Normalization • Judicial Review and Emergencies in Post-Marcos Philippines • Constitution and Law as Instruments for Normalising Abnormalcy: States of Exception in the Plurinational Context • Political Emergencies as Challenges to the Impartiality of Public Law • Introduction: Terrorism and Warfare—Extreme Conditions or the New Normal? • Human Rights in Times of Terror—A Judicial Point of View • Detaining Unlawful Enemy Combatants In Israel: A Matter of Misinterpretation? • The Law Governing the Right of Enemy Aliens’ Access to Courts • Introduction: Public Health, Financial and Economic Crises • Judging in Times of Economic Crisis: The Case Law on Austerity Measures in Comparative Perspective • Financial Crisis as a New Genus of Constitutional Emergency? • Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International
• Introduction: Constitutionalism for Divided Societies • The Constitutionalism of Emergency: The Case of Bosnia and Herzegovina and Beyond: Multinationalism Behind Asymmetrical Constitutional Arrangements • The Paradox of Territorial Autonomy: How Subnational Representation Leads to Secessionist Preferences • Entrenching Hegemony in Cyprus: The Doctrine of Necessity and the Principle of Bicommunality • Introduction: Constitution-Making and Constitutional Change • Authoritative Constitution-Making in the Name of Democracy? • Again: From 1867 to Today, Making a Constitution Under an Elite Umbrella in Turkey • Constitution-Making, Political Transition and Reconcilation in Tunisia and Egypt: A Comparative Perspective • Constitutional Exception as the Basis for Security Sector Reform in Timor-Leste • Emergency’s Challenges

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Publisher & Date:

Cham : Springer, 2020.

Date of Publication:

2020

Publisher:

Springer

Classification:

C 50
A 44.2.2
D 1.5

ISBN:

9783030489991 (hbk)
9783030490003 (ebook)