Emergency Powers in Theory and Practice: The Long Shadow of Carl Schmitt

ISBN-13: 9780815393443 / Angielski / Miękka / 2017 / 256 str.

Michael Head

Opis

Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, primarily the UK, the US and Australia? This book examines the extraordinary range of executive and prerogative powers used and challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks.

Spis treści

Contents: Preface; Introduction: emergency powers and the shadow of Carl Schmitt; Emergency powers on the rise: case studies; Critical lessons of history; Martial law, emergency doctrines, official lawlessness and judicial complicity; Legality and semi-legality: ’models of accommodation’ and ’business as usual’; Models of extra-legality and illegality: Carl Schmitt’s lengthening shadow; Capitalism and dictatorial powers: a Marxist critique; Britain: ’civil contingencies’ and prerogative powers; The United States: presidential powers and declarations of emergency; Australia: vague emergency plans; International human rights law: no protection; Conclusions; Bibliography; Index.

O autorze

Michael Head is Professor of Law, University of Western Sydney, Australia. He has published a substantial range of books and refereed articles relating to public law, legal theory and civil liberties.