Extra-legal power and legitimacy : perspectives on prerogative /
"Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability is threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do...
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| Other Authors: | , |
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| Format: | Book |
| Language: | English |
| Published: |
New York :
Oxford University Press,
[2013]
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| Summary: | "Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability is threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, how can limited governments legitimately exercise discretionary yet potentially unlimited power? Extra-Legal Power and Legitimacy: Perspectives on Prerogative features a systematic analysis of the costs and benefits associated with different ways governments have wielded extra-legal powers in times of emergency. Editors Clement Fatovic and Benjamin A. Kleinerman draw diverse and conflicting approaches by influential thinkers into conversation with one another in a single, cohesive volume. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications and importance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy. In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics. What justifies and allows the executive branch to act outside the law during emergencies? What constrains or prevents the executive fro33940004288070using such power? Ultimately, the editors suggest that contemporary liberal democracy can draw upon a robust tradition that justifies the use of extra-legal powers without allowing them to become unlimited or illimitable"--Unedited summary from book jacket |
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| Physical Description: | viii, 244 p ; 24 cm |
| Bibliography: | Includes bibliographical references and index |
| ISBN: | 9780199965533 ((hardback) : alk. paper) 0199965536 ((hardback) : alk. paper) |