From Maastricht to Brexit by Richard Bellamy and Dario Castiglione

Executives' Emergency Powers under the State of Exception

Europe (Central and Eastern)
 
Constitutions
 
Democracy
 
Executives
 
Government
 
Institutions
 
Parliaments
 
Security
 
Panel Number
P135
Panel Chair
Dima Bogdan
University of Bucharest
Panel Discussant
Marius Balan
Alexandru Ioan Cuza University of Iasi
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Time
08/09/2016 11:00
Location
Building: Faculty of Arts Floor: 2 Room: FA215
Abstract
The presidents` emergency powers are linked to the Greek and Roman traditions of entrusting a qualified person to solve the crucial problems affecting the political establishment, which otherwise cannot be solved using the institutional and normative rules under which normality of life is regulated and contained.
In modern societies, the quasi-majority of the written constitutions expressly regulate which executive body is able to decide when a state of exception occurs, what procedures should be followed, and who can control the compulsory decisions taken during such a period of normative ab-normality.
This panel will mainly focus on the various presidential emergency powers prescribed by the constitutions of democratic and transitional regimes. Therefore, papers will present in a thoroughly manner the executives` emergency powers under the state of exception in various European countries (democratic countries in Western Europe, the post-communist Central and East European countries and Eastern European countries).
The aim of the papers under this panel should be threefold: (i) to establish the degree of power an executive body can exercise during a period of state of exception; (ii) to establish the degree of parliamentary control mechanisms concerning the validity of the decisions taken upon a state of exception; (iii) to find out whether or not there are significant differences regarding the emergency powers of the executives between European semi-presidential and parliamentary systems of government, as well as between the sub-types of each system of government.

Paper List


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Doubling of Executive’s Emergency Powers - Georgia’s Constitutional Dilemma? View Paper Details
Measuring subconstitutional change of presidential power in the Russian Federation 1994 - 2012 View Paper Details
The Emergency Paradigm in Crisis: Structural Challenges to the Classical Approach View Paper Details
The State of Emergency in Romanian Constitutional Practice View Paper Details
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