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The Scope of Inherent Powers

Louis Fisher

in The Polarized Presidency of George W. Bush

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217977
eISBN:
9780191711541
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217977.003.0002
Subject:
Political Science, American Politics

This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court ... More


Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


Emergency? What Emergency?

Mark Neocleous

in Critique of Security

Published in print:
2008
Published Online:
September 2012
ISBN:
9780748633289
eISBN:
9780748671984
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633289.003.0003
Subject:
Political Science, International Relations and Politics

Building on the discussion of prerogative in the previous chapter, Chapter 2 offers a critique of the political discourse of ‘exception’. The chapter argues that the way to understand the politics of ... More


The Legal Context and Counter-insurgency by Committee

David French

in The British Way in Counter-Insurgency, 1945-1967

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199587964
eISBN:
9780191731365
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587964.003.0004
Subject:
History, British and Irish Modern History, Military History

The British threw a veneer of legality over their operations by avoiding imposing martial law and instead employing emergency powers regulations to create a legal framework within which their ... More


Critique of Security

Mark Neocleous

Published in print:
2008
Published Online:
September 2012
ISBN:
9780748633289
eISBN:
9780748671984
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633289.001.0001
Subject:
Political Science, International Relations and Politics

The contemporary political imagination and social landscape are saturated by the idea of security and thoughts of insecurity. This saturation has been accompanied by the emergence of a minor industry ... More


Habeas Corpus, Fundamental Rights, and the Executive

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0004
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the use of habeas corpus where the liberty of the subject is restrained on account of an order made by the executive branch of government. The central issue is the extent to ... More


Coming In, Rather Reluctantly, From the Cold

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0020
Subject:
Law, Human Rights and Immigration, EU Law

This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use ... More


The Circle of War and Emergency

in Civic War & the Corruption of the Citizen

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226522081
eISBN:
9780226522104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522104.003.0004
Subject:
Political Science, Political Theory

This chapter discusses how war feeds on emergency and emergency on war. It highlights the presence of violence within this circular relationship between war and emergency and analyzes the function of ... More


The Broadening Scope of Basic Structure Review: Emergency, Legislative, and Executive Powers

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0002
Subject:
Law, Constitutional and Administrative Law

In India, the doctrine of basic structure review was developed in the context of challenges to the validity of constitutional amendments. Ordinary legislative power and executive power is subject to ... More


Parliament–Judiciary Relationship

B.L. Shankar and Valerian Rodrigues

in The Indian Parliament: A Democracy at Work

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198067726
eISBN:
9780199080434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198067726.003.0007
Subject:
Political Science, Indian Politics

From a broadly acknowledged position of the primacy of the Parliament of India in the first two decades after independence, the scale tilted in favour of the judiciary with the Keshavanand Bharati ... More


The Norm of Complicity and the Regeneration of Emergency through Violence

in Civic War & the Corruption of the Citizen

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226522081
eISBN:
9780226522104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522104.003.0005
Subject:
Political Science, Political Theory

This chapter examines the role of violence in the norm of complicity and in the regeneration of emergency powers. In discuses the ways in which violence blurs boundaries that normally define social ... More


The Ultimate Emergency

Charles Townshend

in Making the Peace: Public Order and Public Security in Modern Britain

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198229780
eISBN:
9780191678929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198229780.003.0006
Subject:
History, British and Irish Modern History

This chapter examines the passage of the Emergency Powers Bill in England as a way to maintain public order during World War II. Home Secretary Sir Samuel Hoare defended the timing and importance of ... More


Introduction

Stephen Morton

in States of Emergency: Colonialism, Literature and Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9781846318498
eISBN:
9781781380758
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/liverpool/9781846318498.003.0001
Subject:
Society and Culture, Cultural Studies

This introductory chapter first sets out the book's purpose, which is to demonstrate the important contribution of writing and literary fiction to understanding the relationship between colonialism, ... More


Making the Peace: Public Order and Public Security in Modern Britain

Charles Townshend

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198229780
eISBN:
9780191678929
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198229780.001.0001
Subject:
History, British and Irish Modern History

In recent years, such episodes as the death of Blair Peach, the Miners' Strike, the Scarman Report, and the Ponting and Stalker affairs have raised serious doubts as to whether the ‘British trick’ of ... More


Introduction: Extra-Legal Measures and the Problem of Legitimacy

Clement Fatovic and Benjamin A. Kleinerman

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This introductory chapter begins by considering the debates over the legality and scope of the government's use of emergency powers. It discusses the work of German constitutional and political ... More


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

Clement Fatovic

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0008
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter argues that deliberation can and should be used to assess the expediency and the legitimacy of all emergency measures, legal or extra-legal. Deliberation provides the only way to ... More


‘The Supreme Concept of Bourgeois Society’: Liberalism and the Technique of Security

Mark Neocleous

in Critique of Security

Published in print:
2008
Published Online:
September 2012
ISBN:
9780748633289
eISBN:
9780748671984
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633289.003.0002
Subject:
Political Science, International Relations and Politics

This chapter challenges the liberal treatment of security and liberty. Rather than a mythical liberal ‘balance’ between security and liberty, the chapter argues that liberalism has in fact always ... More


Lockean Prerogative: Productive Tensions

Leonard C. Feldman

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0004
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines Locke's theory of prerogative. Lockean prerogative is the basis of a large amount of contemporary post-9/11 scholarship on emergency powers, both work presenting Locke as a ... More


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

George Thomas

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0005
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines Alexander Hamilton's conception of executive power. It argues that although Hamilton favored an executive with broad discretion in both ordinary and extraordinary circumstances, ... More


Constitutions Under Stress

András Sajó and Renáta Uitz

in The Constitution of Freedom: An Introduction to Legal Constitutionalism

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198732174
eISBN:
9780191796524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732174.003.0012
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

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 ... More


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