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Locke and the State of Exception Towards a Modern Understanding of Emergency Government.

Authors :
de Wilde, Marc
Source :
European Constitutional Law Review. 2010, Vol. 6 Issue 2, p249-267. 19p.
Publication Year :
2010

Abstract

The article focuses on the perception by philosopher John Locke that constitutional arrangements have been developed by modern states for protection from threats to their continued existence. Locke has observed tension between a commitment to the rule of law and the prospect that exceptional cases can force the executive to deviate from the law. A certain ambiguity regarding the legality of emergency powers is testified by the theory of Locke.

Details

Language :
English
ISSN :
15740196
Volume :
6
Issue :
2
Database :
Academic Search Index
Journal :
European Constitutional Law Review
Publication Type :
Academic Journal
Accession number :
54628497
Full Text :
https://doi.org/10.1017/S1574019610200056