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Executive and exception

In: Handbook on Global Constitutionalism

Author

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  • William E. Scheuerman

Abstract

Views about the executive and its relationship to the exception or emergency remain sharply divided. Special problems are posed by the transplantation of conventional notions of the executive and exception, which first emerged in the context of the modern territorial state, to the postnational or global setting. We can be reasonably sure that any attempt to establish global constitutionalism must grapple with the familiar task of taming executive and especially emergency executive action. Preliminary evidence suggests that much remains to be done: new forms of postnational emergency governance exercise substantial and probably unacceptable discretionary authority.

Suggested Citation

  • William E. Scheuerman, 2023. "Executive and exception," Chapters, in: Anthony F. Lang & Antje Wiener (ed.), Handbook on Global Constitutionalism, chapter 30, pages 437-447, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20899_30
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    File URL: https://www.elgaronline.com/doi/10.4337/9781802200263.00040
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