000			02065nam a22002771i 4500
005			20220507170926.0
008			180320s2018 enk ob 001 0 eng d
020			_a9781509906185
040			_aMAIN
082	0	0	_a342/.0628
100	1		_aGreene, Alan
245	1	0	_aPermanent states of emergency and the rule of law : _bconstitutions in an age of crisis _h[electronic resource] / _cby Alan Greene.
300			_a1 online resource.
500			_aBloomsbury Pub Ebook
504			_aIncludes bibliographical references and index.
520	8		_aPermanent 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.
650		0	_aConstituent power.
650		0	_aConstitutional law.
650		0	_aCrisis management in government.
650		0	_aEffectiveness and validity of law.
650		0	_aEmergency management.
650		0	_aRule of law.
650		0	_aWar and emergency powers.
856	4	0	_uhttps://doi.org/10.5040/9781509906185?locatt=label:secondary_bloomsburyCollections
942			_cEBK
999			_c17502 _d17502