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Emergency Powers and the New East European Constitutions

Emergency Powers and the New East European Constitutions VENELIN I. GANEV Emergency Powers and the New East European Constitutions In the course of our century the set of interrelated problems usu­ ally designated as "emergency powers" has become an important part of constitutional analysis. A source of temptation and fears for some, intellectual puzzlement and theoretical confusion for others, the authority of high-ranking state officials "to do everything neces­ sary" in order to cope with exorbitant crisis is and is likely to remain the focal point of passionate debates among politicians and scholars alike. But it is the attempt to institutionalize this formidable authority that perhaps best exemplifies the dilemma inherent in emergency powers, a dilemma nicely captured by Francis Sevjersted: "to meet the threat from outside against constitutional democracy it is neces­ sary to take measures which in themselves threaten the principles of constitutional order." Is it reasonable to expect that exceptions can be regulated by general rules? Is it possible to harness authority be­ stowed upon political actors precisely because the necessity to "trans­ gress" well entrenched constitutional limits has been recognized? VENELIN I. GANEV obtained his law degree from Sofia University in 1991 and is cur­ rently a doctoral student in Political Science at http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Emergency Powers and the New East European Constitutions

American Journal of Comparative Law , Volume 45 (3) – Jul 1, 1997

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Publisher
Oxford University Press
Copyright
© 1997 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840950
Publisher site
See Article on Publisher Site

Abstract

VENELIN I. GANEV Emergency Powers and the New East European Constitutions In the course of our century the set of interrelated problems usu­ ally designated as "emergency powers" has become an important part of constitutional analysis. A source of temptation and fears for some, intellectual puzzlement and theoretical confusion for others, the authority of high-ranking state officials "to do everything neces­ sary" in order to cope with exorbitant crisis is and is likely to remain the focal point of passionate debates among politicians and scholars alike. But it is the attempt to institutionalize this formidable authority that perhaps best exemplifies the dilemma inherent in emergency powers, a dilemma nicely captured by Francis Sevjersted: "to meet the threat from outside against constitutional democracy it is neces­ sary to take measures which in themselves threaten the principles of constitutional order." Is it reasonable to expect that exceptions can be regulated by general rules? Is it possible to harness authority be­ stowed upon political actors precisely because the necessity to "trans­ gress" well entrenched constitutional limits has been recognized? VENELIN I. GANEV obtained his law degree from Sofia University in 1991 and is cur­ rently a doctoral student in Political Science at

Journal

American Journal of Comparative LawOxford University Press

Published: Jul 1, 1997

There are no references for this article.