Edited by Anthony F. Lang and Antje Wiener
Chapter 24: Executive and exception
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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