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Defending the Rule of Law in Emergencies |
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Abstract:
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In a sudden emergency, such as a terror attack or an earth quake, the government usually assumes extra powers. These extra powers may, however, become a threat against the citizens’ liberties. Most countries have tried to solve this problem by enacting special emergency laws. Extraordinary circumstances, it is argued, require extraordinary laws.
In my paper I take issue with this idea. I argue that emergencies are like snowflakes. They come suddenly and end suddenly. They are unexpected and place the decision makers in situations that are highly stressful and unfamiliar to them. The capacity of the decision makers to make wise and rational judgments is severely constrained at the very same time as their powers are increased.
This gives us reason to doubt the usefulness of emergency legislation as a method for controlling the government’s emergency powers. Instead I argue that we should place more emphasis on the system of checks and balances that also is an integral part of a constitutional government.
Drawing on the empirical research on crisis management and on constitutional theory, I explore how checks and balances work during emergencies. Comparisons are made between the United States, Sweden and the United Kingdom. |
Most Common Document Word Stems:
emerg (149), law (92), govern (77), constitut (71), state (55), power (54), pp (53), situat (52), legal (47), also (43), decis (43), one (38), case (38), control (36), rule (34), use (31), right (31), offici (30), act (30), problem (30), crisi (30), |
Author's Keywords:
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rule of law,constitutionalism,constitutional law,state of emergency,emergency powers,crisis mangagement |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Olsson, Stefan. "Defending the Rule of Law in Emergencies" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-08 <http://www.allacademic.com/meta/p211408_index.html> |
APA Citation:
| Olsson, S. , 2007-08-30 "Defending the Rule of Law in Emergencies" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2011-06-08 from http://www.allacademic.com/meta/p211408_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: In a sudden emergency, such as a terror attack or an earth quake, the government usually assumes extra powers. These extra powers may, however, become a threat against the citizens’ liberties. Most countries have tried to solve this problem by enacting special emergency laws. Extraordinary circumstances, it is argued, require extraordinary laws.
In my paper I take issue with this idea. I argue that emergencies are like snowflakes. They come suddenly and end suddenly. They are unexpected and place the decision makers in situations that are highly stressful and unfamiliar to them. The capacity of the decision makers to make wise and rational judgments is severely constrained at the very same time as their powers are increased.
This gives us reason to doubt the usefulness of emergency legislation as a method for controlling the government’s emergency powers. Instead I argue that we should place more emphasis on the system of checks and balances that also is an integral part of a constitutional government.
Drawing on the empirical research on crisis management and on constitutional theory, I explore how checks and balances work during emergencies. Comparisons are made between the United States, Sweden and the United Kingdom. |
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| Document Type: |
application/pdf |
| Page count: |
32 |
| Word count: |
10077 |
| Text sample: |
| Defending the Rule of Law in Emergencies Paper presented at APSA Annual Meeting August 30– September 2 2007 in Chicago. Panel 24-10 Public Administration and the Constitution. Stefan Olsson Swedish Defence Research Agency FOI s.olsson@foi.se Introduction In this article I present a new approach to the problem of how to protect the rule of law in emergencies. To handle an emergency the government generally needs to assume extra powers. These emergency powers however may become a source of abuse |
| fullmaktslagar i modern parlamentarism Skrifter utgivna av Fahlbeckska stiftelsen VI Gleerup Lund. Tingsten Herbert 1930: Regeringsmaktens expansion under och efter världskriget: Studier över konstitutionell fullmaktslagstiftning Skrifter utgivna av Fahlbeckska stiftelsen XV Gleerup Lund. Tingsten Herbert 1934: Les pleins pouvoirs: L’expansion des pouvoirs gouvernementaux pendant et après la grande guerre Stock Paris. Tushnet Mark V. 2006: “Emergencies and the Idea of Constitutionalism” in Baker Thomas E. & Stack John F. (eds.) At War with Civil Rights and Civil Liberties Rowman |
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The Rule of Law in Times of Crisis - Legal-Philosophical Considerations on the States of Emergency
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