TY  - BOOK
AU  - Greene,Alan
TI  - Permanent states of emergency and the rule of law: constitutions in an age of crisis 
SN  - 9781509906185
U1  - 342/.0628 
KW  - Constituent power
KW  - Constitutional law
KW  - Crisis management in government
KW  - Effectiveness and validity of law
KW  - Emergency management
KW  - Rule of law
KW  - War and emergency powers
N1  - Bloomsbury Pub Ebook; Includes bibliographical references and index
N2  - 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.
UR  - https://doi.org/10.5040/9781509906185?locatt=label:secondary_bloomsburyCollections
ER  -