Extra-Legal Power and Legitimacy Perspectives on Prerogative

Name: Extra-Legal Power and Legitimacy Perspectives on Prerogative
Price: 166.08 USD
Availability: InStock
ISBN: 9780199965533

ISBN-10: 0199965536

ISBN-13: 9780199965533

Edition: 2013

Authors: Clement Fatovic, Benjamin A. Kleinerman

List price: $160.00

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Description:

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…

Book details

List price: $160.00
Copyright year: 2013
Publisher: Oxford University Press, Incorporated
Publication date: 11/19/2013
Binding: Hardcover
Pages: 256
Size: 6.42" wide x 9.49" long x 0.83" tall
Weight: 1.100



Acknowledgments



Introduction: Extra-Legal Measures and the Problem of Legitimacy




Early Frameworks



Prerogative Power in Rome




Violating Divine Law: Emergency Measures in Jewish Law




Lockean Prerogative: Productive Tensions




American Perspectives



The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion




The Jeffersonian Executive: More Energetic, More Responsible, and Less Stable




Lincoln and Executive Power During the Civil War: A Case Study




Prerogative in Contemporary Liberal Democracy



Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action




Emergency Powers and Terrorism-Related Regulation Circa 2012: Perspectives on Prerogative Power in the United States




The Irrelevance of Prerogative Power, and the Evils of Secret Legal Interpretation



Index