This book offers a systematic and comprehensive account of the key
cases that have come to shape the jurisprudence on emergency law in
the United States from the Civil War to the War on Terror. The
legal questions raised in these cases concern fundamental
constitutional issues such as the status of fundamental rights, the
role of the court in times of war, and the question of how to
interpret constitutional limitations to executive power. At stake
in these difficult legal questions is the issue of how to conceive
of the very status of law in liberal democratic states. The
questions with which the Supreme Court justices have to grapple in
these cases are therefore as philosophical as they are legal. In
this book the Court's arguments are systematized according to
categories informed by constitutional law as well as classic
philosophical discussions of the problem of emergency. On this
basis, the book singles out three legal paradigms for interpreting
the problem of emergency: the rights model, the extra-legal model
and the procedural model. This systematic approach helps the reader
develop a philosophical and legal overview of central issues in the
jurisprudence on emergency.
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