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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| LEADER | 00000cam a2200000 i 4500 | ||
|---|---|---|---|
| 001 | 829999717 | ||
| 003 | OCoLC | ||
| 005 | 20140617000000.0 | ||
| 008 | 130311s2013 nyu b 001 0 eng | ||
| 010 | |a 2013009683 | ||
| 020 | |a 9780199965533 ((hardback) : alk. paper) | ||
| 020 | |a 0199965536 ((hardback) : alk. paper) | ||
| 024 | 7 | |a 2013009683 | |
| 035 | |a (SKY)254887729 | ||
| 040 | |a DLC |b eng |c DLC |e rda |d SKYRV | ||
| 042 | |a pcc | ||
| 043 | |a n-us--- | ||
| 049 | |a VLA | ||
| 050 | 0 | 0 | |a KF5060 |b .E98 2013 |
| 245 | 0 | 0 | |a Extra-legal power and legitimacy : |b perspectives on prerogative / |c edited by Clement Fatovic and Benjamin A. Kleinerman |
| 260 | |a New York : |b Oxford University Press, |c [2013] | ||
| 300 | |a viii, 244 p ; |c 24 cm | ||
| 504 | |a Includes bibliographical references and index | ||
| 505 | 0 | |a Introduction : extra-legal measures and the problem of legitimacy / Clement Fatovic and Benjamin A. Kleinerman -- Prerogative power in Rome / Nomi Claire Lazar -- Violating divine law : emergency measures in Jewish law / Oren Gross -- Lockean prerogative : productive tensions / Leonard C. Feldman -- The limits of constitutional government : Alexander Hamilton on extraordinary power and executive discretion / George Thomas -- The Jeffersonian executive : more energetic, more responsible, and less stable / Jeremy D. Bailey -- Lincoln and executive power during the Civil War : an examination of one case: constitutional power or, in effect, an exercise of prerogative power? / Michael Kent Curtis -- Filling the void : democratic deliberation and the legitimization of extra-legal action / Clement Fatovic -- Emergency powers and terrorism-related regulation circa 2012 : perspectives on prerogative power in the United States / Mark Tushnet -- The irrelevance of prerogative power, and the evils of secret legal interpretation / Jack Goldsmith | |
| 520 | |a "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 | ||
| 650 | 0 | |a War and emergency powers |z United States | |
| 650 | 0 | |a War and emergency powers | |
| 700 | 1 | |a Fatovic, Clement, |d 1973- | |
| 700 | 1 | |a Kleinerman, Benjamin A., | |
| 907 | |a .b2228154 | ||
| 998 | |a secnd | ||
| 999 | |c 107007 | ||
| 852 | |a Law Library |b Second Floor |h KF5060 .E98 2013 |p 33940004288070 | ||