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Extra-Legal Power and LegitimacyPerspectives on Prerogative$
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Clement Fatovic and Benjamin A. Kleinerman

Print publication date: 2013

Print ISBN-13: 9780199965533

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199965533.001.0001

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Introduction: Extra-Legal Measures and the Problem of Legitimacy

Introduction: Extra-Legal Measures and the Problem of Legitimacy

(p.1) Chapter 1 Introduction: Extra-Legal Measures and the Problem of Legitimacy
Extra-Legal Power and Legitimacy

Clement Fatovic

Benjamin A. Kleinerman

Oxford University Press

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 theorist turned Nazi jurist, Carl Schmitt, who is cited by nearly all scholars who have taken up the debate over the validity of extra-legal measures in times of emergency. It then sets out the book's purpose, which is to survey various perspectives on prerogative, or extra-legal power, both from within the liberal constitutional tradition and from outside it. An overview of the subsequent chapters is also presented.

Keywords:   government control, extra-legal power, emergency powers, rule of law, liberalism, Carl Schmitt

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