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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
American Journal of Comparative Law – Oxford University Press
Published: Jul 1, 1997
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