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State of emergency clauses in constitutional law

In: Dealing with Crisis

Author

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  • Tomonobu Hayashi

Abstract

In the constitutional realm, “crisis” is a tricky concept. While there are examples of the collapse of the constitutional system due to political crises, such as the Weimar Republic in Germany, there are also cases in which governmental power is expanded or abused on the pretext of dealing with crises. In facing this dilemma, this chapter considers how to think about the pros and cons of introducing a constitutional emergency clause in Japan from a comparative constitutional point of view, using Germany as a central comparator.

Suggested Citation

  • Tomonobu Hayashi, 2023. "State of emergency clauses in constitutional law," Chapters, in: James Babb & Takashi Iida (ed.), Dealing with Crisis, chapter 7, pages 107-129, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21921_7
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