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Ius Gentium: Comparative Perspectives on Law and Justice

Constitutionalism Under Extreme Conditions

Law, Emergency, Exception

Editors: Albert, Richard, Roznai, Yaniv (Eds.)

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  • Provides an authoritative guide to constitutions in emergency periods
  • Offers new approaches to understanding constitutional crises
  • Presents a unique blend of theory, doctrine and history
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  • ISBN 978-3-030-49000-3
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About this book

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. 

Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

About the authors

Richard Albert, the William Stamps Farish Professor in Law and Professor of Government at the University of Texas at Austin, has published over 85 scholarly works on constitutionalism, including his most recent book “Constitutional Amendments: Making, Breaking, and Changing Constitutions” (OUP 2019). He has held visiting faculty appointments at Yale University, the University of Toronto, FGV Direito SP in Brazil, the Externado University of Colombia, and the Interdisciplinary Center in Israel. A graduate of Yale, Oxford and Harvard, he is a former law clerk to the Chief Justice of Canada, a founding Co-Editor of I-CONnect, and the founding Director of the International Forum on the Future of Constitutionalism.

 

Yaniv Roznai, Associate Professor at the Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya, is the leading authority on the theory and doctrine of unconstitutional constitutional amendment. He is a graduate of IDC and the London School of Economics, where he obtained his PhD that was awarded the European Group of Public Law’s Thesis Prize. He has held fellowships at Princeton University, New York University and the University of Haifa. His books include “Unconstitutional Constitutional Amendments - The Limits of Amendment Powers” (OUP, 2017), which was awarded the Inaugural International Society for Public Law (ICONS) Book Prize, and "Constitutional Revolution" (Yale University Press, 2020) (with Gary Jacobsohn).



Table of contents (24 chapters)

Table of contents (24 chapters)
  • Introduction: Modern Pressures on Constitutionalism

    Pages 1-13

    Roznai, Yaniv (et al.)

  • Introduction: Emergency, Exception and Normalcy

    Pages 17-20

    Lurie, Guy

  • From Institutional Sovereignty to Constitutional Mindset: Rethinking the Domestication of the State of Exception in the Age of Normalization

    Pages 21-39

    Kuo, Ming-Sung

  • Judicial Review and Emergencies in Post-Marcos Philippines

    Pages 41-62

    Gatmaytan, Dante B.

  • Constitution and Law as Instruments for Normalising Abnormalcy: States of Exception in the Plurinational Context

    Pages 63-79

    Guruparan, Kumaravadivel

Buy this book

eBook 117,69 €
price for India (gross)
  • ISBN 978-3-030-49000-3
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase Institutional customers should get in touch with their account manager
Hardcover 149,99 €
price for India (gross)
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Bibliographic Information

Bibliographic Information
Book Title
Constitutionalism Under Extreme Conditions
Book Subtitle
Law, Emergency, Exception
Editors
  • Richard Albert
  • Yaniv Roznai
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
82
Copyright
2020
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-49000-3
DOI
10.1007/978-3-030-49000-3
Hardcover ISBN
978-3-030-48999-1
Series ISSN
1534-6781
Edition Number
1
Number of Pages
IX, 452
Number of Illustrations
3 b/w illustrations, 8 illustrations in colour
Topics