States of Emergency - Centre for Policy Alternatives

CHAPTER
III
THE
NEO‐ROMAN
CONSTITUTIONAL
MODEL
OF
ACCOMMODATION:
COMPARATIVE
EXPERIENCE
AND
INTERNATIONAL
STANDARDS
3. The Neo‐Roman Constitutional Model of Accommodation:
Comparative Experience
3.1. Comparative Experience: Constitutional Issues and
Responses
3.1.1. What is an Emergency The Problem of
DeLinition
3.1.2. Declaration, Extension and Termination
3.1.3. Legal Effects of a Declaration of Emergency
3.1.4. Checks and Balances
3.2. Comparative Experience: Areas of Concern
3.2.1. Constitutional Accommodation: Misuse and
Abuse
3.2.2. Communal Alienation: Us vs. Them
3.2.3. The Concept of Militant Democracy and the
Sixth Amendment
3.2.4. Normalisation of the Exception
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