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CONSTITUTIONAL THEORY (2) answer(s).
 
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ID:   138709


American constitutional order / Knott, Stephen F   Article
Knott, Stephen F Article
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Summary/Abstract tephen M. Griffin, who joined the Tulane law faculty in 1989, specializes in constitutional theory and history. He contends that the propensity of American presidents to engage in war without proper authorization from Congress has “destabilized” the American constitutional system and “deranged policy making.” He rightly acknowledges that the struggle to define the limits of executive power dates back to the American founding but insists that something unique occurred in the aftermath of the Second World War.
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2
ID:   134146


WHO decides on the exception: securitization and emergency governance in global health / Hanrieder, Tine; Sonnen, Christian Kreuder   Journal Article
Hanrieder, Tine Journal Article
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Publication 2014.
Summary/Abstract This article analyses the emergency governance of international organizations by combining securitization theory with legal theory on the state of exception. Our main argument is that where issues are securitized as global threats, exceptionalism can emerge at the level of supranational bodies, endowing them with the decisionist authority to define emergencies and guide political responses. We theorize the 'emergency trap', which is triggered when the emergency powers of international organizations reduce the obstacles to, and increase the incentives for, the securitization of further issues. Based on the idea that the emergency trap functions as an institutional driver of securitization, we also highlight the importance of the constitutional containment of emergency competencies as an alternative to discursive desecuritization strategies. We illustrate this security-emergency dynamic in a case study of the recent empowerment of the World Health Organization (WHO) in the governance of global health emergencies. The article shows how WHO's exceptional response to the 2003 severe acute respiratory syndrome (SARS) crisis paved the way for an institutionalization of emergency powers within the organization and contributed to securitizing the 2009 swine influenza outbreak as a global pandemic. However, WHO's crisis governance has also triggered internal and external processes of constitutional contention.
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