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Permanent States of Emergency and the Rule of Law Dr Alan Greene (Durham University)

Permanent States of Emergency and the Rule of Law By Dr Alan Greene (Durham University)

Permanent States of Emergency and the Rule of Law by Dr Alan Greene (Durham University)


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Permanent States of Emergency and the Rule of Law Summary

Permanent States of Emergency and the Rule of Law: Constitutions in an Age of Crisis by Dr Alan Greene (Durham University)

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.

Permanent States of Emergency and the Rule of Law Reviews

Greene's is a timely book addressing issues which so obviously affect legal systems across the world. It is theoretically robust. It is intellectually honest and willing to engage with counter-positions. It sets a challenge and rises to it. -- Fergal Davis, King's College, London * The Irish Jurist *

About Dr Alan Greene (Durham University)

Alan Greene is an Assistant Professor in Law at Durham University.

Table of Contents

1. The Ideal State of Emergency 2. The Permanent State of Emergency 3. Permanent States of Emergency and Constituent Power 4. Permanent States of Emergency and Legal Black Holes 5. Permanent States of Emergency and Legal Grey Holes 6. Alternatives to Constitutional States of Emergency 7. Resisting the Permanent State of Emergency

Additional information

NLS9781509940257
9781509940257
1509940251
Permanent States of Emergency and the Rule of Law: Constitutions in an Age of Crisis by Dr Alan Greene (Durham University)
New
Paperback
Bloomsbury Publishing PLC
2020-09-03
256
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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