Theories of Emergency Powers


Any democratic government faced with a war, an invasion, a domestic insurrection, or other type of emergency must determine how it will respond. How much power will the executive be given? What will be the role of the other branches of government? How long will the response last? How will the government administer justice during such a period? What, if any, fundamental rights will be sacrified in order to protect the nation? The way in which a nation responds to such questions will undoubtedly determine how successful it will be in responding to the crisis with which it is faced.

Exerpted from 38 Cornell Int’l L.J. 1021 (2005). To read the full article, click here (login may be required).

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