Defference to The Executive in The United States after September 11

The deference thesis is that Congress and the judiciary should defer to the executive’s policy judgments during national emergencies. Criticism of the deference theory draws on the analogy of the emergency room medical protocol to argue that emergencies call for rule-bound constraint of the executiv...

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Bibliographic Details
Main Author: Eric A. Posner
Format: Article
Language:English
Published: Constitutional Court of Georgia 2020-06-01
Series:Journal of Constitutional Law
Subjects:
Online Access:https://www.constcourt.ge/files/7/JCL%20-%20ENG%20-%20VOL%201%20(2020)%20Special%20Issue/JCL%20-%202020%20Vol.1%20Special%20Issue%20-%20ENG-65-76.pdf