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States of Emergency in Liberal Democracies

States of Emergency in Liberal Democracies
Author: Nomi Claire Lazar
Publisher: Cambridge University Press
Total Pages: 191
Release: 2009-06-30
Genre: Political Science
ISBN: 113947958X
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In an emergency, statesmen concentrate power and suspend citizens' rights. These emergency powers are ubiquitous in the crisis government of liberal democracies, but their nature and justification is poorly understood. Based on a pluralist conception of political ethics and political power, this book shows how we can avoid the dangers and confusions inherent in the norm/exception approach that dominates both historical and contemporary debate. The book shows how liberal values need never - indeed must never - be suspended, even in times of urgency. Only then can accountability remain a live possibility. But at the same time, emergency powers can sometimes be justified with reference to extra-liberal norms that also operate in times of normalcy. By emphasizing the continuity between times of normalcy and emergency, the book illuminates the norms of crisis government, broadening our understanding of liberal democratic government and of political ethics in the process.

Democracy, Emergency, and Arbitrary Coercion

Democracy, Emergency, and Arbitrary Coercion
Author: Nick Sagos
Publisher: BRILL
Total Pages: 235
Release: 2014-10-30
Genre: Philosophy
ISBN: 9004282572
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States of emergency are declared by governments with alarming frequency. When they are declared, it is taken for granted that their nature is understood. This book argues against this established view. Instead, the view advanced here analyzes what makes emergencies different from other types of similar events. Defending a hybrid liberal/republican approach, the book proposes that states of emergency are in fact poorly understood and therefore needlessly mismanaged when they occur. This mismanagement leads to a troubling derogation of established liberal democratic rights in the name of an unattainable form of hollow security. Further, the book argues that the existing rights of citizens ought to be defended (and not simply derogated) during states of emergency. Failure to do so is failure to comply with the formal values of liberal democracy itself.

The Total State

The Total State
Author: Auron MacIntyre
Publisher: Simon and Schuster
Total Pages: 154
Release: 2024-05-07
Genre: Political Science
ISBN: 1510781552
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The Total State pulls back the veil on the new American authoritarianism and why the same system of liberal democracy we say we cherish may have led us to our present state The modern United States is a nation full of censorship, lockdowns, riots, and political persecution. How did the land of the free become a surveillance state terrified of COVID and ruled by unaccountable bureaucrats? As a journalist, Auron MacIntyre witnessed firsthand the manipulation of news events, the bias of the press, and the relentless assault on truth during the Donald Trump presidency. Yet, it wasn't until the arrival of the COVID-19 pandemic in 2020 that his worldview was irrevocably shaken. The emergency measures and unchecked power wielded by authorities revealed a dark underbelly that defied the constitutional safeguards he had always believed in. The Total State delves into the core of MacIntyre's ideological crisis, exploring the erosion of individual liberties in the name of public health and the new brand of American authoritarianism that revealed itself under a state of emergency. Drawing inspiration from a diverse array of thinkers outside the mainstream, MacIntyre questions the narrative that has been ingrained in our political discourse. What if democracy doesn’t limit government but instead helps it to expand? What if the Constitution failed to restrain power as intended? The Total State doesn't offer easy answers, but it poses essential questions about the trajectory of our nation. MacIntyre meticulously examines the forces that have shaped our current reality, urging readers to confront uncomfortable truths about the state of our democracy and individual freedom. This thought-provoking exploration is a call to action, encouraging readers to understand the roots of our present predicament and contemplate the challenging path forward.

Law in Times of Crisis

Law in Times of Crisis
Author: Oren Gross
Publisher: Cambridge University Press
Total Pages: 48
Release: 2006-10-30
Genre: Political Science
ISBN: 1139457756
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This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Emergency Powers in Asia

Emergency Powers in Asia
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Total Pages: 531
Release: 2010
Genre: Law
ISBN: 052176890X
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What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Liberal Disorder, States of Exception, and Populist Politics

Liberal Disorder, States of Exception, and Populist Politics
Author: Valur Ingimundarson
Publisher: Routledge
Total Pages: 330
Release: 2020-12-20
Genre: Political Science
ISBN: 1000294080
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Liberal democracy is in trouble. This volume considers the crosscutting causes and manifestations of the current crisis facing the liberal order. Over the last decade, liberal democracy has come under mounting pressure in many unanticipated ways. In response to seemingly endless crisis conditions, governments have turned with alarming frequency to extraordinary emergency powers derogating the rule of law and democratic processes. The shifting interconnections between new technologies and public power have raised questions about threats posed to democratic values and norms. Finally, the liberal order has been challenged by authoritarian and populist forces promoting anti- pluralist agendas. Adopting a synoptic perspective that puts liberal disorder at the center of its investigation, this book uses multiple sources to build a common historical and conceptual framework for understanding major contemporary political currents. The contributions weave together historical studies and conceptual analyses of states of exception, emergency powers, and their links with technological innovations, as well as the tension-ridden relationship between populism and democracy and its theoretical, ideological, and practical implications. The book will be of interest to scholars and students of a number of disciplines in the humanities and social sciences: history, political science, philosophy, constitutional and international law, sociology, cultural studies, anthropology, and economics.

Democracy after Covid

Democracy after Covid
Author: Kostas Chrysogonos
Publisher: Springer Nature
Total Pages: 181
Release: 2022-10-14
Genre: Law
ISBN: 3031139011
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This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.

Liberal Democracy and the Limits of Tolerance

Liberal Democracy and the Limits of Tolerance
Author: Raphael Cohen-Almagor
Publisher: University of Michigan Press
Total Pages: 315
Release: 2009-12-22
Genre: Law
ISBN: 0472023918
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An irony inherent in all political systems is that the principles that underlie and characterize them can also endanger and destroy them. This collection examines the limits that need to be imposed on democracy, liberty, and tolerance in order to ensure the survival of the societies that cherish them. The essays in this volume consider the philosophical difficulties inherent in the concepts of liberty and tolerance; at the same time, they ponder practical problems arising from the tensions between the forces of democracy and the destructive elements that take advantage of liberty to bring harm that undermines democracy. Written in the wake of the assasination of Yitzhak Rabin, this volume is thus dedicated to the question of boundaries: how should democracies cope with antidemocratic forces that challenge its system? How should we respond to threats that undermine democracy and at the same time retain our values and maintain our commitment to democracy and to its underlying values? All the essays here share a belief in the urgency of the need to tackle and find adequate answers to radicalism and political extremism. They cover such topics as the dilemmas embodied in the notion of tolerance, including the cost and regulation of free speech; incitement as distinct from advocacy; the challenge of religious extremism to liberal democracy; the problematics of hate speech; free communication, freedom of the media, and especially the relationships between media and terrorism. The contributors to this volume are David E. Boeyink, Harvey Chisick, Irwin Cotler, David Feldman, Owen Fiss, David Goldberg, J. Michael Jaffe, Edmund B. Lambeth, Sam Lehman-Wilzig, Joseph Eliot Magnet, Richard Moon, Frederick Schauer, and L.W. Sumner. The volume includes the opening remarks of Mrs.Yitzhak Rabin to the conference--dedicated to the late Yitzhak Rabin--at which these papers were originally presented. These studies will appeal to politicians, sociologists, media educators and professionals, jurists and lawyers, as well as the general public.

Liberal Disorder, States of Exceptions, and Populist Politics

Liberal Disorder, States of Exceptions, and Populist Politics
Author: Valur Ingimundarson
Publisher: Routledge
Total Pages: 228
Release: 2020-12
Genre: Political Science
ISBN: 9780367853280
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"Liberal democracy is in trouble. This volume considers the crosscutting causes and manifestations of the current crisis facing the liberal order. Over the last decade, liberal democracy has come under mounting pressure in many unanticipated ways. In response to seemingly endless crisis conditions, governments have turned with alarming frequency to extraordinary emergency powers derogating the rule of law and democratic processes. The shifting interconnections between new technologies and public power have raised questions about threats posed to democratic values and norms. Finally, the liberal order has been challenged by authoritarian and populist forces, promoting anti-pluralist agendas. Adopting a synoptic perspective that puts liberal disorder at the center of its investigation, this book uses multiple sources to build a common historical and conceptual framework for understanding major contemporary political currents. The contributions weave together historical studies and conceptual analyses of states of exception, emergency powers and their links with technological innovations as well as the tension-ridden relationship between populism and democracy and its theoretical, ideological, and practical implications"--

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?
Author: Mark A. Graber
Publisher: Oxford University Press
Total Pages: 352
Release: 2018-08-23
Genre: Law
ISBN: 0190889004
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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."