Description
Bloomsbury Publishing (UK) Permanent States of Emergency and the Rule of Law: Constitutions in an Age of Crisis by Dr Alan Greene
This book explores the impact that oxymoronic ‘permanent’ states of emergency have on the validity and effectiveness of constitutional norms and ultimately constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the ‘objective nature’ of threats facing modern states today arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension.