Law in Times of Crisis

Gross, O., & Ní Aoláin, F. (2006). Law in Times of Crisis: Emergency Powers in Theory and Practice. Cambridge University Press.

Type

Book

Intellectual base

Review or monograph

Year

2006

DOI

10.1017/cbo9780511493997

ISBN

9780521833516

DOI registrant

Cambridge University Press

Link

https://doi.org/10.1017/CBO9780511493997

Cited from

computer_science

Cited by

3 citations across 3 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• Rule of Least Power (Minimum Sufficient Capability)
  • In constitutional and institutional design, it appears as enumerated powers, narrow mandates, and sunset clauses on emergency authority, granting the smallest authority that does the job because any standing authority will eventually be used.

    This sourceAnalyzes how emergency powers tend to normalize and persist rather than being relinquished, the argument for narrowly enumerated, time-bounded (sunset-clause) grants of authority.

Mechanisms

• Emergency-Authority Activation and Sunset Gate
  • If the sunset is soft — a renewal that always renews, a review that never bites, a log no one reads — emergency powers ratchet into permanence, which history shows is their natural drift.

    This sourceExplains how extraordinary emergency powers can create precedents and normalize formerly exceptional measures.

• Emergency Override Protocol
  • The discipline that keeps it honest is the bright line: every clause is written to make it hard to widen the threshold in the heat of a moment, because the characteristic pathology of emergency powers is that they generalize.

    This sourceShows how exceptional emergency powers can generalize, persist, and become normalized beyond the crisis that justified them.

Verification

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