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Emergency Powers in Theory and Practice: The Long Shadow of Carl Schmitt

Emergency Powers in Theory and Practice: The Long Shadow of Carl Schmitt

Author: Michael Head
Publisher: Routledge
ISBN: 9781409446101
Published In: December 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States?

This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks.

This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.

Preface

Introduction: emergency powers and the shadow of Carl Schmitt

Emergency powers on the rise: case studies

Critical lessons of history

Martial law, emergency doctrines, official lawlessness and judicial complicity

Legality and semi-legality: 'models of accommodation' and 'business as usual'

Models of extra-legality and illegality: Carl Schmitt's lengthening shadow

Capitalism and dictatorial powers: a Marxist critique

Britain: 'civil contingencies' and prerogative powers

The United States: presidential powers and declarations of emergency

Australia: vague emergency plans

International human rights law: no protection