Synopsis
When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, often the government must take extraordinary action regardless of whether it has the legal authority to do so. In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with how governments have yielded extra-legal powers in times of emergency. They survey distinct models of emergency governments and draw diverse and conflicting approaches by influential thinkers and traditions into conversation with one another, and in doing so, re-introduce into public debate key questions surrounding what justifies and prevents abuse of extra-legal executive power.
About the Author
Clement Fatovic is Associate Professor of Politics and International Relations at Florida International University. His work focuses on modern and contemporary political and constitutional theory, primarily the development of liberalism constitutionalism in seventeenth- and eighteenth-century political thought up to the American Founding. His writing has appeared in the American Journal of Political Science, Perspectives on Politics, History of Political Thought, and more. He is the author of Outside the Law: Emergency and Executive Power (2009).
Benjamin A. Kleinerman is Assistant Professor of Constitutional Democracy in the James Madison College at Michigan State University. His work focuses on constitutional democracy, and he has written on the subject of executive power in the American Constitution. He previously taught at Oberlin College and the Virginia Military Institute, and was Garwood Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University (2011-12). His work has appeared in Perspectives on Politics, American Political Science Review, and Nomos. He is the author of The Discretionary President: The Promise and Peril of Executive Power (2009).
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