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 |
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New York :
Oxford University Press,
[2013]
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Table of Contents:
- 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