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- Title
Das alternate law der Demokratie Begründungspraktiken für Ausnahmezustãnde in den USA (1944) und Spanien (2010).
- Authors
Lemke, Matthias
- Abstract
Given the state of alarm in Spain in December 2010, the article analyzes with a special regard on the classical case of enlargement of executive power Korematsu v. United States (1944) the arguments delivered for suspending fundamental rights. The main question is how representative democracies justify in (recurrent) argumentations their need for that suspension. This consistently observable practice in the face of crisis comes out to be politically sensitive, because states of alarm or emergency suspend, during their applica- tion, numerous fundamental democratic rights. Their application leads to the paradoxical finding that the practice of the state of alarm or exception is located beyond democratic government, although they are supposed to guarantee the survival of democracy in crisis times. An increase of states of alarm and/or states of emergency could therefore indicate an erosion of the problem-solving mechanisms of representative democracies.
- Subjects
SPAIN; WAR powers; KOREMATSU v. United States; DEMOCRACY; CIVIL rights; SPANISH politics &; government, 1975-2014; PROBLEM solving
- Publication
Zeitschrift für Politik, 2011, Vol 58, Issue 4, p369
- ISSN
0044-3360
- Publication type
Article