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Extra-Legal Power and Legitimacy – Perspectives on Prerogative - Oxford Scholarship Online
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Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Clement Fatovic and Benjamin A. Kleinerman

Abstract

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 thre ... More

Keywords: government control, discretionary power, constitutional symptoms, government behavior, exigencies, legal powers, emergency government

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199965533
Published to Oxford Scholarship Online: January 2014 DOI:10.1093/acprof:oso/9780199965533.001.0001

Authors

Affiliations are at time of print publication.

Clement Fatovic, editor
Florida International University

Benjamin A. Kleinerman, editor
Michigan State University