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Part III Process, Ch.21 States of Emergency

David Dyzenhaus

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

States of emergency may play a unique role in constitutional practice and theory.1 As we will see, a comparison of constitutional orders reveals that they have to choose between seeking to entrench in a written constitution, if they have one, rules about how the state may respond to an emergency and leaving such responses to be decided as and when an emergency occurs. Consider, for example, that the US Constitution contains only one clear constitutional prescription for emergencies: Article 1.9, ‘The privilege of the Writ of Habeas Corpus shall not be suspended,...
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