The Library
From institutional sovereignty to constitutional mindset : rethinking the domestication of the state of exception in the age of normalization
Tools
Tools
Tools
Kuo, Ming-Sung (2020) From institutional sovereignty to constitutional mindset : rethinking the domestication of the state of exception in the age of normalization. In: Albert, Richard and Roznai, Yaniv, (eds.) Constitutionalism Under Extreme Conditions : Law, Emergency, Exception. Ius Gentium: Comparative Perspectives on Law and Justice, 82 . Cham: Springer International Publishing, pp. 21-39. ISBN 9783030489991
|
PDF
WRAP-From-institutional-sovereignty-constitutional-mindset-Kuo-2020.pdf - Accepted Version - Requires a PDF viewer. Download (529Kb) | Preview |
Official URL: https://www.springer.com/gp/book/9783030489991
Abstract
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure.
| Item Type: | Book Item | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare J Political Science > JA Political science (General) J Political Science > JF Political institutions (General) K Law [Moys] > KB General and Comparative Law K Law [Moys] > KM Common Law, Public Law |
||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Reason of state , Constitutional law , Constituent power , Emergency management, Crisis management in government, War and emergency powers, State of siege | ||||||||
| Series Name: | Ius Gentium: Comparative Perspectives on Law and Justice | ||||||||
| Journal or Publication Title: | Constitutionalism Under Extreme Conditions: Law, Emergency, Exception | ||||||||
| Publisher: | Springer International Publishing | ||||||||
| Place of Publication: | Cham | ||||||||
| ISBN: | 9783030489991 | ||||||||
| Book Title: | Constitutionalism Under Extreme Conditions : Law, Emergency, Exception | ||||||||
| Editor: | Albert, Richard and Roznai, Yaniv | ||||||||
| Official Date: | 4 August 2020 | ||||||||
| Dates: |
|
||||||||
| Volume: | 82 | ||||||||
| Number of Pages: | 528 | ||||||||
| Page Range: | pp. 21-39 | ||||||||
| DOI: | 10.1007/978-3-030-49000-3 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 15 June 2020 | ||||||||
| Date of first compliant Open Access: | 8 September 2022 | ||||||||
| Related URLs: | |||||||||
| Open Access Version: |
Request changes or add full text files to a record
Repository staff actions (login required)
 |
View Item |
Downloads
Downloads per month over past year
