Suspension of Law during Crisis

Author
Ross J. Corbett
Content Type
Journal Article
Journal
Political Science Quarterly
Volume
127
Issue Number
4
Publication Date
Winter 2012-2013
Institution
Academy of Political Science
Abstract
ROSS J. CORBETT analyzes the claim that the response to some emergencies requires a departure from the law. He notes that this claim rests on a particular view of what the law is and is best understood as an argument that emergencies ought to be handled extra-legally. He argues that interrogating this extra-legalist claim reveals another strategy for controlling executive discretion while permitting enough flexibility to preserve the public good.