Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Hardcover | December 3, 2013

EditorClement Fatovic, Benjamin A. Kleinerman

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When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit governmentcontrol under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require? Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability are threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. InExtra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with different ways that governments have wielded extra-legal powers in times of emergency. They survey distinct models of emergency governments anddraw diverse and conflicting approaches by joining influential thinkers into conversation with one another. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications andimportance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy.In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics.

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When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit governmentcontrol under normal circumstances allow for...

Clement Fatovic is Associate Professor of Politics and International Relations at Florida International University. His work focuses on modern and contemporary political and constitutional theory, primarily the development of liberalism constitutionalism in seventeenth- and eighteenth-century political thought up to the American Foundi...

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Format:HardcoverDimensions:256 pages, 9.25 × 6.12 × 0.98 inPublished:December 3, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199965536

ISBN - 13:9780199965533

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Table of Contents

1. Clement Fatovic and Benjamin Kleinerman: Introduction: Extra-Legal Measures and the Problem of LegitimacyPart One: Early Frameworks2. Nomi Claire Lazar: Prerogative Power in Rome3. Oren Gross: Violating Divine Law: Emergency Measures in Jewish Law4. Leonard C. Feldman: Lockean Prerogative: Productive TensionsPart Two: American Perspectives5. George Thomas: The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion6. Jeremy D. Bailey: The Jeffersonian Executive: More Energetic, More Responsible, and Less Stable7. Michael Kent Curtis: Lincoln and Executive Power During the Civil War: An Examination of One Case. Constitutional Power or, In Effect, An Exercise of Prerogative Power?Part Three: Prerogative in Contemporary Liberal Democracy8. Clement Fatovic: Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action9. Mark Tushnet: Emergency Powers and Terrorism-Related Regulation circa 2012: Perspectives on Prerogative Power in the United States10. Jack Goldsmith: The Irrelevance of Prerogative Power, and the Evils of Secret Legal Interpretation