State of exception notes10-10

State of exception notes10-10 - State of exception (or...

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State of exception (or state of emergency – Marshall law) and liberalism: oil and water? State of exception: when there is such a crisis that the society must resort to extraordinary measures o When there is a state of exception, decisions need to be made fast and there needs to be one person making decisions Questions: o Who has the authority to declare a state of exception? (“He who decides on the state of exception is the sovereign” –Carl Schmitt, 1922) o Who has power during it? Is this person above the law? o What is the force/legitimacy of law during one? John Locke on Prerogative (Chapter XIV) o “This power to act according to discretion, for the public good, without the prescription of the law, and sometimes even against it, is that which is called prerogative” (Sec. 160). It is not “an arbitrary power to do things hurtful to the people” o Executive fills the interstices of the law Where law is silent Where legislative is out of session Pardons, clemency, etc. Ultimate Source of power o The people Who determines when prerogative is misused? o The people, however if there is a dispute between the ruler and the people, God determines. Opinion 1: The Constitution is all we need
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This note was uploaded on 04/07/2008 for the course REL 101 taught by Professor Unknown during the Spring '08 term at ASU.

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State of exception notes10-10 - State of exception (or...

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