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Author:   Clement Fatovic (Associate Professor of Politics and International Relations, Associate Professor of Politics and International Relations, Florida International University) ,  Benjamin A. Kleinerman (Assistant Professor of Constitutional Democracy, Assistant Professor of Constitutional Democracy, Michigan State University)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 15.70cm , Height: 2.00cm , Length: 23.60cm
Weight:   0.499kg
ISBN:  

9780199965533

ISBN 10:   0199965536
Pages:   256
Publication Date:   05 December 2013
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Chapter One: Introduction: Extra-Legal Measures and the Problem of Legitimacy (Clement Fatovic and Benjamin Kleinerman) Part I: Early Frameworks Chapter Two: Prerogative Power in Rome (Nomi Claire Lazar) Chapter Three: Violating Divine Law: Emergency Measures in Jewish Law (Oren Gross) Chapter Four: Lockean Prerogative: Productive Tensions (Leonard C. Feldman) Part Two: American Perspectives Chapter Five: The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion (George Thomas) Chapter Six: The Jeffersonian Executive: More Energetic, More Responsible, and Less Stable (Jeremy D. Bailey) Chapter Seven: Lincoln and Executive Power During the Civil War: An Examination of One Case. Constitutional Power or, In Effect, An Exercise of Prerogative Power? (Michael Kent Curtis) Part Three: Prerogative in Contemporary Liberal Democracy Chapter Eight: Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action (Clement Fatovic) Chapter Nine: Emergency Powers and Terrorism-Related Regulation circa 2012: Perspectives on Prerogative Power in the United States (Mark Tushnet) Chapter Ten: The Irrelevance of Prerogative Power, and the Evils of Secret Legal Interpretation (Jack Goldsmith)

Reviews

This collection of essays highlights a core concern in the post-September 11 era. From covert intelligence to overt power, contemporary politics transcends traditional legal limits on the use of force. Jurisdynamics commends this volume to its readers' attention. -Jim Chen, Jurisdynamics

Author Information

Clement Fatovic is Associate Professor of Politics and International Relations at Florida International University. His work focuses on modern and contemporary political and constitutional theory, primarily the development of liberalism constitutionalism in seventeenth- and eighteenth-century political thought up to the American Founding. His writing has appeared in the American Journal of Political Science, Perspectives on Politics, History of Political Thought, and more. He is the author of Outside the Law: Emergency and Executive Power (2009). Benjamin A. Kleinerman is Assistant Professor of Constitutional Democracy in the James Madison College at Michigan State University. His work focuses on constitutional democracy, and he has written on the subject of executive power in the American Constitution. He previously taught at Oberlin College and the Virginia Military Institute, and was Garwood Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University (2011-12). His work has appeared in Perspectives on Politics, American Political Science Review, and Nomos. He is the author of The Discretionary President: The Promise and Peril of Executive Power (2009).

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