Handbook Political Theory.pdf

noted places considerable conWdence in habituation, or the appearance of regularity, and serves to increase respect for the rule ...

5 Contemporary Constitutionalism and the Rule of Law ........................................................................... ...

the multiple demoi underlying the democratization of the Union at the European level will remain to be answered within the conte ...

without regard to constitutional restrictions abroad are allowed to join more fully in law enforcement eVorts at home’’ (Smith 2 ...

whether viewed formally, historically, politically, or as a coordinating device in a game of strategic bargaining, the rule of l ...

Dershowitz,A.M. 2002 .Why Terrorism Works: Understanding the Threat, Respond- ing to the Challenge. New Haven, Conn.: Yale Unive ...

Perrin, B. (ed.) 1989. Solon. InPlutarch’s Lives, vol. 1. Cambridge, Mass.: Harvard Loeb Classics. Pitkin,H. 1987. The idea of a ...

chapter 18 ..................................................................................................................... ...

In this chapter, therefore, we will try to disentangle and shed light on some of the main conceptual questions entailed in the d ...

In what follows we distinguish a ‘‘constitutional’’ from an ‘‘epistemic/ ontological’’ dimension of emergency powers. The emerge ...

(a) regular government and (b) exceptional government, where, as already mentioned, the purpose of exceptional government is to ...

The Roman Republic according to Polybius’ description (Histories,B.VI) or as given by Machiavelli in theDiscourses,I. 2. This r ...

the presidential version of the Roman Model (which we shall label ‘‘neo- Roman’’): –art. 48 of the Weimar Constitution ( 1919 ) ...

that the Romans were much more concerned with potential abuses of emergency powers than were the designers of the modern constit ...

dangerous or, perhaps, because it is politically risky to invoke such powers (that may even be a way to deWne stable democracies ...

directelectionof the legislative and sometimes of executive authorities) the suspension of rights needs less of a procedural jus ...

and the president have broad authority to take the measures to deal with ‘‘emergencies,’’ as was the case after September 11. Bu ...

depends on the point in time that the courts act to check executive action. 23 So the conclusions are often just an unraveling o ...

theargumentpresented by Justice Marshall that established a precedent on the basis of which the American Supreme Court has the l ...

Had Jackson been able to persuade the Court, the judiciary would have been essentially unable to protect rights during future em ...