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Contracting for Catastrophe:Legitimizing Emergency Constitutions by Drawing on Social Contract Theory.
1Institute of Law & Economics, University of Hamburg and CESifo, Johnsallee 35, 20148 Hamburg, Germany.
Res Publica (Liverpool, England)
|June 22, 2021
Summary
Constitutional emergency provisions, or
Area of Science:
- Political Science and Constitutional Law
Background:
- States of emergency are frequently declared globally, often leading to the suspension of fundamental constitutional rights.
- Contemporary constitutions increasingly incorporate explicit 'emergency constitutions' to govern these periods.
Purpose of the Study:
- To investigate the legitimacy of including emergency constitutions by applying social contract theory.
- To explore arguments for and against constitutionalized emergency provisions.
Main Methods:
- Analysis of social contract theory, particularly as applied in economics.
- Examination of existing constitutional frameworks and theoretical justifications for emergency powers.
Main Results:
- Social contract theory offers insights into the decision of whether to adopt emergency constitutions.
- Arguments exist both for and against the constitutionalization of emergency provisions.
Conclusions:
- Emergency constitutions can be justified as a commitment mechanism.
- They protect citizens and politicians from overreacting to infrequent but significant threats.
- This mechanism aids in maintaining constitutional order during emergencies.
Keywords:
Constitutional political economyEmergency constitutionMartial lawSocial contract theoryState of emergencyState of siegeMore Related Videos
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