Democracy, Emergency, and Arbitrary Coercion

Democracy, Emergency, and Arbitrary Coercion

Author: Nick Sagos

Publisher: BRILL

ISBN: 9789004282575

Category: Social Science

Page: 236

View: 635

Liberal democracies deal poorly with states of emergency because they underestimate the corrosive effect of arbitrary coercion on established liberal democratic values. Far from protecting the rights of citizens, arbitrary emergency measures undermine citizens’ rights.

Emergency Powers

Emergency Powers

Author: Jakub Jinek

Publisher: Nomos Verlagsgesellschaft

ISBN: 3848757311

Category: Executive power

Page: 159

View: 373

The problem of the state of emergency has become topical in the last two decades in connection with security, financial and health crises. These events pose a challenge to liberal democracy because they can bring political representatives to the brink of legality and, at least potentially, seem to legitimise procedures that would otherwise be questionable in a liberal democracy. Some authors have even expressed concerns that the exception has gradually become the new normality and that we live (almost without realising it) in a permanent exception. In response, experts have reflected on whether the state of emergency is a suitable means of resolving crises and whether there are other models that are more appropriate in terms of the interest in maintaining liberal democracy. The aim of the book is to provide a scientific reflection on the state of emergency and to discuss related concepts.

Democracy after Covid

Democracy after Covid

Author: Kostas Chrysogonos

Publisher: Springer

ISBN: 3031139003

Category: Law

Page: 140

View: 768

This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.

Liberal Disorder, States of Exception, and Populist Politics

Liberal Disorder, States of Exception, and Populist Politics

Author: Valur Ingimundarson

Publisher: Routledge

ISBN: 9781000294026

Category: Political Science

Page: 228

View: 333

Liberal democracy is in trouble. This volume considers the crosscutting causes and manifestations of the current crisis facing the liberal order. Over the last decade, liberal democracy has come under mounting pressure in many unanticipated ways. In response to seemingly endless crisis conditions, governments have turned with alarming frequency to extraordinary emergency powers derogating the rule of law and democratic processes. The shifting interconnections between new technologies and public power have raised questions about threats posed to democratic values and norms. Finally, the liberal order has been challenged by authoritarian and populist forces promoting anti- pluralist agendas. Adopting a synoptic perspective that puts liberal disorder at the center of its investigation, this book uses multiple sources to build a common historical and conceptual framework for understanding major contemporary political currents. The contributions weave together historical studies and conceptual analyses of states of exception, emergency powers, and their links with technological innovations, as well as the tension-ridden relationship between populism and democracy and its theoretical, ideological, and practical implications. The book will be of interest to scholars and students of a number of disciplines in the humanities and social sciences: history, political science, philosophy, constitutional and international law, sociology, cultural studies, anthropology, and economics.

Democracy in Crisis

Democracy in Crisis

Author: Boris Vormann

Publisher: University of Pennsylvania Press

ISBN: 9780812296464

Category: Political Science

Page: 144

View: 631

Liberal democracies on both sides of the Atlantic find themselves approaching a state of emergency, beset by potent populist challenges of the right and left. But what exactly lies at the core of widespread dissatisfaction with the status quo? And how can the challenge be overcome? In Democracy in Crisis, Christian Lammert and Boris Vormann argue that the rise of populism in North Atlantic states is not the cause of a crisis of governance but its result. This crisis has been many decades in the making and is intricately linked to the rise of a certain type of political philosophy and practice in which economic rationality has hollowed out political values and led to an impoverishment of the political sphere more broadly. The process began in the 1980s, when the United States and Great Britain decided to unleash markets in the name of economic growth and democracy. After the fall of the Berlin Wall, several countries in Europe followed suit and marketized their educational, social, and healthcare systems, which in turn increased inequality and fragmentation. The result has been a collapse of social cohesion and trust that the populists promise to address but only make worse. Looking to the future, Lammert and Vormann conclude their analysis with concrete suggestions for ways politics can once again be placed in the foreground, with markets serving social relations rather than the reverse.

Between the Rule of Law and States of Emergency

Between the Rule of Law and States of Emergency

Author: Yoav Mehozay

Publisher: State University of New York Press

ISBN: 9781438463407

Category: Law

Page: 222

View: 537

Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Honorable Mention, 2017 Yonathan Shapiro Award for Best Book in Israel Studies presented by the Association for Israel Studies Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other’s shortcomings. Through a careful dissection of Israel’s emergency apparatus, Mehozay illustrates that the reach of Israel’s emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel’s governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the “war on terror” and consider the role of emergency with regard to realms such as political economy. Yoav Mehozay is Assistant Professor of Criminology at the University of Haifa, Israel.

States of Emergency

States of Emergency

Author: Stephen Morton

Publisher: Liverpool University Press

ISBN: 9781846318498

Category: Literary Criticism

Page: 249

View: 522

States of Emergency examines how violent anticolonial struggles and the legal, military, and political techniques employed by colonial governments to contain them have been imagined in both literary and legal narratives. Through a series of case studies, Stephen Morton considers how colonial states of emergency have been defined and represented in the contexts of Ireland, India, South Africa, Algeria, Kenya, and Israel- Palestine, concluding with a compelling assessment of the continuities between colonial states of emergency and the war on terror in Iraq, Afghanistan, and Pakistan.

The Constitution of the Environmental Emergency

The Constitution of the Environmental Emergency

Author: Jocelyn Stacey

Publisher: Bloomsbury Publishing

ISBN: 9781509920280

Category: Law

Page: 296

View: 260

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Liberal Democracy and the Social Acceleration of Time

Liberal Democracy and the Social Acceleration of Time

Author: William E. Scheuerman

Publisher: JHU Press

ISBN: 0801878853

Category: Political Science

Page: 286

View: 209

The political and legal institutions of liberal democracy were designed in an era in which information, transactions, travel, and other aspects of social life moved at a much slower pace. The rapid acceleration of social life that characterizes today's world potentially disables these institutions according to Scheuerman (political science, U. of M