Handbook on Global Constitutionalism
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Handbook on Global Constitutionalism

Edited by Anthony F. Lang and Antje Wiener

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
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Chapter 24: Executive and exception

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.

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