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Constitutionalism Under Extreme Conditions: Law, Emergency, Exception

Constitutionalism Under Extreme Conditions: Law, Emergency, Exception

Author: Richard Albert; Yaniv Roznai
Publisher: Springer-Verlag
ISBN: 9783030490027
Published In: September 2021
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction

Part I: Emergency, Exception and Normalcy

Chapter 1. From Institutional Sovereignty to Constitutional Mindset: Rethinking the Domestication of the State of Exception in the Age of Normalization

Chapter 2.Judicial Review and Emergencies in Post-Marcos Philippines

Chapter 3. Constitution and Law as Instruments for Normalising Abnormalcy: The Sri Lankan and Indian Experience

Chapter 4. Political Emergencies as Challenges to the Impartiality of Public Law

Part II: Terrorism and Warfare

Chapter 5. Human Rights in Times of Terror – A Judicial Point of View

Chapter 6. Detaining Unlawful Combatants in Israel: A Matter of Misiniterpretation?

Chapter 7. The Law Governing the Rights of Enemy Aliens’ Access to Courts

Chapter 8. Emergencies and Constitutional Rights in a Time of Terror Threat in the Czech Republic: Do We Need a New Dimension of Emergency?

Part III: Constitution-Making and Constitutional Change

Chapter 9. Authoritative Constitution-Making in the Name of Democracy?

Chapter 10. Again: From 1867 to Today, Making a Constitution Under an Elite Umbrella in Turkey

Chapter 11. Constitution-Making, Political Transition and Reconciliation in Tunisia and Egypt: A Comparative Perspective

Chapter 12. Security Sector Reform in Timor-Leste After the Constitutional Exception

Part IV: Constitutionalism for Divided Societies

Chapter 13. The Constitutionalism of Emergency: Multinationalism Behind Asymmetrical Constitutional Arrangements

Chapter 14. The Paradox of Territorial Autonomy: How Subnational Representation Leads to Secessionist Preferences

Chapter 15. Entrenching Hegemony in Cyprus: The Doctrine of Necessity and the Principle of Bicommunality

Part V: Public Health, Financial and Economic Crises

Chapter 16. The ‘Judicialization’ of Emergency: The Case of the Eurozone Crisis

Chapter 17. Financial Crisis as a New Genus of Constitutional Emergency?

Chapter 18. Public Health Emergencies and Constitutionalism Between the National and the International

Chapter 19. Conclusion

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