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The ‘political’ and the ‘legal’: comments on Professor Tushnet’s paper

Published online by Cambridge University Press:  07 March 2008

Philippe Sands
Philippe Sands*
Affiliation:
University College London1
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Abstract

This comment responds to a central issue posed by Professor Tushnet as to the way in which democracies control the exercise of emergency powers. Sands believes that ‘law’ and ‘politics’ are not mutually exclusive, and that the relationship between them suggests that a general theory on the interplay of political and legal factors in controlling the exercise of emergency powers remains elusive.

Type
Research Article
Information
International Journal of Law in Context , Volume 3 , Issue 4 , December 2007 , pp. 319 - 322
Copyright
Copyright © Cambridge University Press 2008

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References

Sands, P. (2006) Lawless World. London: Penguin.Google Scholar
Tushnet, M. (2007) ‘The Political Constitution of Emergency Powers: Parliamentary and Separation of Powers Regulation’, International Journal of Law in Context 3: 275–88.CrossRefGoogle Scholar