State of emergency clauses in constitutional law

Tomonobu Hayashi

Chapter 7 in Dealing with Crisis, 2023, pp 107-129 from Edward Elgar Publishing

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.

Keywords: Asian Studies; Environment; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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