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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Permanent States of Emergency and the Rule of Law: Constitutions in an Age of Crisis


ISBN13: 9781509940257
Published: September 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £39.99
Hardback edition , ISBN13 9781509906154



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Permanent States of Emergency and the Rule of Law 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. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

Subjects:
Constitutional and Administrative Law
Contents:
1. The Ideal State of Emergency
2. The Permanent State of Emergency
3. Permanent States of Emergency and Constituent Power
4. Permanent States of Emergency and Legal Black Holes
5. Permanent States of Emergency and Legal Grey Holes
6. Alternatives to Constitutional States of Emergency
7. Resisting the Permanent State of Emergency

Series: Hart Studies in Security and Justice

Juridifying Security ISBN 9781849466318
To be published April 2027
Hart Publishing
£50.00
Securing Legality ISBN 9781849466301
To be published April 2025
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£35.00
The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?
Edited by: Mark Coen
ISBN 9781509946761
Published October 2022
Hart Publishing
£36.99
The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act? (eBook)
Edited by: Mark Coen
ISBN 9781509932009
Published March 2021
Hart Publishing
£33.29
(ePub)
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The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?
Edited by: Mark Coen
ISBN 9781509931996
Published March 2021
Hart Publishing
£75.00
£33.29
(ePub)
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Parliament’s Secret War ISBN 9781509939824
Published June 2020
Hart Publishing
£39.99
Security and Human Rights 2nd ed (eBook) ISBN 9781509917778
Published September 2019
Hart Publishing
£40.49
(ePub)
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Security and Human Rights 2nd ed ISBN 9781849467308
Published September 2019
Hart Publishing
£44.99
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509930043
Published June 2019
Hart Publishing
£34.99
The National Security Constitution ISBN 9781509911011
Published May 2018
Hart Publishing
£100.00
£35.99
(ePub)
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Parliament's Secret War (eBook) ISBN 9781509902903
Published February 2018
Hart Publishing
£35.99
(ePub)
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Parliament's Secret War ISBN 9781509902873
Published February 2018
Hart Publishing
£95.00
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509905416
Published February 2017
Hart Publishing
£85.00
Surveillance, Privacy and Trans-Atlantic Relations (eBook) ISBN 9781509905423
Published February 2017
Hart Publishing
£31.49
(ePub)
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