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Constitutionalism Under Extreme Conditions - Law, Emergency, Exception (Hardcover, 1st ed. 2020)
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Constitutionalism Under Extreme Conditions - Law, Emergency, Exception (Hardcover, 1st ed. 2020)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 82
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This book examines the problem of constitutional change in times of
crisis. Divided into five main parts, it both explores and
interrogates how public law manages change in periods of
extraordinary pressure on the constitution. In Part I, "Emergency,
Exception and Normalcy," the contributors discuss the practices and
methods that could be used to help legitimize the use of emergency
powers without compromising the constitutional principles that were
created during a period of normalcy. In Part II, "Terrorism and
Warfare," the contributors assess how constitutions are interpreted
during times of war, focusing on the tension between individual
rights and safety. Part III, "Public Health, Financial and Economic
Crises," considers how constitutions change in response to crises
that are neither political in the conventional sense nor violent,
which also complicates how we evaluate constitutional resilience in
times of stress. Part IV, "Constitutionalism for Divided
Societies," then investigates the pressure on constitutions
designed to govern diverse, multi-national populations, and how
constitutional structures can facilitate stability and balance in
these states. Part V, titled "Constitution-Making and
Constitutional Change," highlights how constitutions are
transformed or created anew during periods of tension. The book
concludes with a rich contextual discussion of the pressing
challenges facing constitutions in moments of extreme pressure.
Chapter "Public Health Emergencies and Constitutionalism Before
COVID-19: Between the National and the International" is available
open access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
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