Home >
Law >
International Law >
Extra-Legal Power and Legitimacy

Extra-Legal Power and Legitimacy Perspectives on Prerogative

Author: Clement Fatovic; Benjamin A. Kleinerman
Publisher: Oxford University Press USA
ISBN: 9780199965533
Published In: December 2013
Format: Hardback , 256 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Examines the costs and benefits associated with how governments have wielded extra-legal powers in times of emergencies
Surveys distinct models of emergency governments from the earliest frameworks of Roman prerogative to post-9/11 regulation
Includes one of the first systematic treatments of emergency powers in Jewish law (halakhah), and of Alexander Hamilton's theory of emergency power
Reintroduces key questions surrounding the limits of executive power in contemporary politics
Explores what justifies and allows the executive branch to act outside the law

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.

Readership: Scholars and students of constitutional law, executive power, presidential power, political science, government, and political theory.

Chapter One: Introduction: Extra-Legal Measures and the Problem of Legitimacy (Clement Fatovic and Benjamin Kleinerman)
Part I: Early Frameworks
Chapter Two: Prerogative Power in Rome (Nomi Claire Lazar)
Chapter Three: Violating Divine Law: Emergency Measures in Jewish Law (Oren Gross)
Chapter Four: Lockean Prerogative: Productive Tensions (Leonard C. Feldman)
Part Two: American Perspectives
Chapter Five: The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion (George Thomas)
Chapter Six: The Jeffersonian Executive: More Energetic, More Responsible, and Less Stable (Jeremy D. Bailey)
Chapter Seven: Lincoln and Executive Power During the Civil War: An Examination of One Case. Constitutional Power or, In Effect, An Exercise of Prerogative Power? (Michael Kent Curtis)
Part Three: Prerogative in Contemporary Liberal Democracy
Chapter Eight: Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action (Clement Fatovic)
Chapter Nine: Emergency Powers and Terrorism-Related Regulation circa 2012: Perspectives on Prerogative Power in the United States (Mark Tushnet)
Chapter Ten: The Irrelevance of Prerogative Power, and the Evils of Secret Legal Interpretation (Jack Goldsmith)

Clement Fatovic is Associate Professor of Politics and International Relations at Florida International University. His work focuses on modern and contemporary political and constitutional theory, primarily the development of liberalism constitutionalism in seventeenth- and eighteenth-century political thought up to the American Founding. His writing has appeared in the American Journal of Political Science, Perspectives on Politics, History of Political Thought, and more. He is the author of Outside the Law: Emergency and Executive Power (2009). Benjamin A. Kleinerman is Assistant Professor of Constitutional Democracy in the James Madison College at Michigan State University. His work focuses on constitutional democracy, and he has written on the subject of executive power in the American Constitution. He previously taught at Oberlin College and the Virginia Military Institute, and was Garwood Visiting Fellow in the James Madison Program in American Ideals and@lt

Institutions at Princeton University (2011-12). His work has appeared in Perspectives on Politics, American Political Science Review, and Nomos. He is the author of The Discretionary President: The Promise and Peril of Executive Power (2009).

Contributors:
Clement Fatovic (Associate Professor, Florida International University)
Benjamin Kleinerman (Assistant Professor, Michigan State University)
Nomi Claire Lazar (Assistant Professor, Graduate School of Public and International Affairs, University of Ottawa)
Oren Gross (Irving Younger Professor of Law and Director, Institute for International Legal & Security Studies, University of Minnesota Law School)
Leonard C. Feldman (Associate Professor of Political Science, Hunter College, City University of New York)
George Thomas (Associate Professor of Government, Claremont McKenna College)
Jeremy D. Bailey (Associate Professor, University of Houston)
Michael Kent Curtis (Judge Donald Smith Professor of Constitutional and Public Law, Wake Forest University School of Law)
Mark Tushnet (William Nelson Cromwell Professor of Law, Harvard Law School)
Jack Goldsmith (Henry L. Shattuck Professor of Law, Harvard Law School)