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Extra-Legal Power and Legitimacy - Perspectives on Prerogative (Hardcover)
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Extra-Legal Power and Legitimacy - Perspectives on Prerogative (Hardcover)
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When an economic collapse, natural disaster, epidemic outbreak,
terrorist attack, or internal crisis puts a country in dire need,
governments must rise to the occasion to protect their citizens,
sometimes employing the full scope of their powers. How do
political systems that limit government control under normal
circumstances allow for the discretionary and potentially unlimited
power that such emergencies sometimes seem to require?
Constitutional systems aim to regulate government behavior through
stable and predictable laws, but when their citizens' freedom,
security, and stability are threatened by exigencies, often the
government must take extraordinary action regardless of whether it
has the legal authority to do so. In Extra-Legal Power and
Legitimacy: Perspectives on Prerogative, Clement Fatovic and
Benjamin A. Kleinerman examine the costs and benefits associated
with different ways that governments have wielded extra-legal
powers in times of emergency. They survey distinct models of
emergency governments and draw diverse and conflicting approaches
by joining influential thinkers into conversation with one another.
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.
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