Concept tag
#emergency-powers
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Schmitt’s uncomfortable point survives: no constitution can fully govern its own emergencies
Carl Schmitt's Political Theology (1922) opens with a sentence that every journalist covering courts eventually meets: sovereign is he who decides on the exception. The argument goes like this. Constitutions specify normal procedures. Emergencies arise that those procedures did not anticipate. Someone…
Started by Sana Rizvi6 replies -
What is threshold deontology, and isn’t it just consequentialism with extra steps?
In my constitutional law seminar we discussed whether rights can ever be suspended in an emergency. I mentioned the ADM Jabalpur case from 1976, when our Supreme Court accepted that even the right to life could not be enforced during the Emergency,…
Started by Deepa Kartha4 replies