States of Emergency - Centre for Policy Alternatives

infringements of critical civil liberties such as the freedom of
expression, many of the Supreme Court’s most important
pronouncements have been concerned with resolving emergency
regulations, or executive action thereunder, inconsistent with
fundamental rights. Without belittling the Supreme Court or its
many important determinations, the point remains that an
important source of law in a common law system, in this respect
the case law of the highest court in the land deciding the reach of
the constitutional bill of rights, has not evolved under normalcy,
but rather, under a normalisation of the exception.
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