Sorting Out Modern Emergency Rules: A Theoretical Framework
2011 (English)In: Redescriptions: Yearbook of Political Thought, Conceptual History and Feminist Theory, Berlin: LIT Verlag, 2011, 14, 109-134 p.Chapter in book (Refereed)
The effort to link emergencies and constitutional norms is a classical problem for political and legal scholarship and the scientific literature on the topic has grown significantly over the last decade. Yet very notion of “constitutional emergency” needs to be unpacked in proper detail. I therefore suggest a detailed analysis and an empirical investigation into its various modes of utilization. The empirical data is constituted by selected cases of modern emergency rules, constitutional in the main, with special reference to Sweden. These will be examined through a specific theoretic framework that will enable us to sort out different levels and kinds of problems that are currently being indiscriminately mingled into the “constitutional emergency” discourse. The aim is to offer a theoretical framework that improves our skills in finding appropriate answers for emergencies and other unexpected situations according to their nature, intensity and occurrence within a determinate political and legal culture.
Place, publisher, year, edition, pages
Berlin: LIT Verlag, 2011, 14. 109-134 p.
constitution - emergency - rule of law - fundamental rights - Swedish constitutional reform
Philosophy Law (excluding Law and Society) Political Science
Research subject Practical Philosophy
IdentifiersURN: urn:nbn:se:uu:diva-164017ISBN: 978-3-643-99916-0OAI: oai:DiVA.org:uu-164017DiVA: diva2:465982