A Breif History of Emergency Powers in the United States, a Working Paper Prepared for ..., July 1974 PDF Download

Author: United States. Congress. Senate. Special Committee on National Emergencies and Delagated Emergency Powers
Publisher:
ISBN:
Category :
Languages : en
Pages : 154

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Author: Harold Relyea
Publisher:
ISBN:
Category : War and emergency powers
Languages : en
Pages : 152

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Author:
Publisher:
ISBN:
Category : City planning
Languages : en
Pages : 826

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Author: New Zealand. Law Commission
Publisher:
ISBN:
Category : Abuse of administrative power
Languages : en
Pages : 470

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Author: Alexander Domrin
Publisher: Routledge
ISBN: 1134324847
Category : Political Science
Languages : en
Pages : 204

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Written by an established scholar in the field, this text examines the nature of emergency powers and their use in the Russian constitution. It explores the use of such powers in Russian history, comparing the Russian situation with those that exist in other countries and discussing the legal thought underpinning such powers. The practicalities and theories of emergency orders are traced throughout history with Dormin arguing that the longer an emergency regime lasts, the less effective the measure becomes. With original research and remarkable insight, this text will be of interest to scholars examining the new Russia, its rulers, conflicts and motives, as well as its political systems.

Author: Anna Van Gogh
Publisher:
ISBN:
Category : History
Languages : en
Pages : 440

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Author: Clement Fatovic
Publisher: JHU Press
ISBN: 0801893623
Category : Political Science
Languages : en
Pages : 363

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The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott

Author: United States. Congress. Senate. Special Committee on the Termination of the National Emergency
Publisher:
ISBN:
Category : War and emergency powers
Languages : en
Pages : 1092

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Author: Francis Lieber
Publisher: Yale University Press
ISBN: 0300222548
Category : Law
Languages : en
Pages : 349

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A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln's law of war expert Francis Lieber was long considered lost--until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber's manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln's most famous uses of emergency powers during the Civil War. Lieber's work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers' treatise addresses a vital question, as prominent since 9/11 as it was in Lieber's lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.

Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191615064
Category : Political Science
Languages : en
Pages : 832

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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.