Constitutions Under Stress
Constitutions Under Stress
This chapter examines how constitutions fare in crisis situations, under stress, with special attention to three disturbing scenarios. The classic form of lifting constitutionalism occurs under the guise of emergency. The official purpose of emergency powers is simple: to restore constitutional normalcy after a sudden shock. The idea that constitutional democracy should be able to defend itself from its enemies also sounds appealing. However, this militant democracy remains ambiguous and an invitation to and justification for abuse of powers. In closing, the chapter considers the rise of the preventive state and its implications for constitutionalism, especially in governments engaged in a war on terror.
Keywords: constitution, constitutionalism, emergency powers, constitutional democracy, preventive state, war on terror
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