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From the American Civil War to the War on Terror

Three Models of Emergency Law in the United States Supreme Court

  • Book
  • © 2013

Overview

Authors:
  1. Emily Hartz

    1. University of Southern Denmark, Odense, Denmark

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  • First comprehensive study of paradigmatic American Supreme Court cases on national emergency since Clinton Rossiter's renowned book Constitutional Dictatorship from 1948
  • Discusses the crucial question every democracy faces in times of peril: how to deal effectively with a national security threat without compromising the very liberal values we set out to defend
  • Includes supplementary material: sn.pub/extras

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-x
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  2. Introduction

    • Emily Hartz
    Pages 1-6

  3. Three Models of Emergency Law

    1. Front Matter

      Pages 7-7
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    2. The Rights Model

      • Emily Hartz
      Pages 9-24

    3. The Extralegal Model

      • Emily Hartz
      Pages 25-41

    4. Procedural Model

      • Emily Hartz
      Pages 43-55

  4. Emergency Law in the Context of Terrorism

    1. Front Matter

      Pages 57-57
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    2. Rasul v. Bush

      • Emily Hartz
      Pages 59-73

    3. Hamdi v. Rumsfeld

      • Emily Hartz
      Pages 75-86

    4. Hamdan v. Rumsfeld

      • Emily Hartz
      Pages 87-97

    5. Boumediene v. Bush

      • Emily Hartz
      Pages 99-108

    6. Concluding Remarks

      • Emily Hartz
      Pages 109-112
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Keywords

About this book

This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

Authors and Affiliations

  • University of Southern Denmark, Odense, Denmark

    Emily Hartz

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