State of Emergency: An Economic Analysis

Christian Bjørnskov; Stefan Voigt

doi:10.1017/9781009372138

Nine out of ten constitutions contain explicit emergency provisions. During the pandemic, half of the governments with such constitutions has made use of these provisions by declaring a state of emergency. State of Emergency is the first book to analyse the factors that lead to such provisions being included in newly drafted constitutions. It explores their use – as well as their misuse – and explains the effects that using emergency provisions has. Declaring a state of emergency is particularly challenging in federally constituted states as it endangers the balance of powers between the federal level and the states. This book, therefore, pays special attention to this topic. Focusing on two of the most important recent cases relating to emergency provisions: the Covid-19 pandemic and acts of terrorism, this book uses numerous examples to analyse emergency provisions with a rigorous empirical approach.

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Contents

State of Emergency
pp i-ii
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State of Emergency - Title page
pp iii-iii
An Economic Analysis
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Copyright page
pp iv-iv
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Contents
pp v-viii
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Figures
pp ix-x
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Tables
pp xi-xiii
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Acknowledgments
pp xiv-xvi
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1 - Introduction
pp 1-6
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2 - The Architecture of Emergency Constitutions
pp 7-43
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3 - The Determinants of Emergency Constitutions
pp 44-66
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4 - Why Do Governments Call a State of Emergency?
pp 67-101
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5 - The Effectiveness of Emergency Constitutions after Natural Disasters
pp 102-130
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6 - When Does Terror Induce a State of Emergency? And What Are the Effects?
pp 131-189
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7 - States of Emergency after Domestic Turmoil
pp 190-211
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8 - Dealing with Disaster
pp 212-225
Analyzing the Emergency Constitutions of the US States
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9 - Keeping up the Balance between the Federation and the States
pp 226-256
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10 - Constitutionalized Media Freedom during Emergencies
pp 257-294
Is It Only Window Dressing?
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11 - Unconstitutional States of Emergency
pp 295-318
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12 - The COVID-19 Pandemic, States of Emergency, and Reliance on Executive Decrees
pp 319-335
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13 - Returning to the Status Quo Ante?
pp 336-350
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14 - Contracting for Catastrophe
pp 351-375
Legitimizing Emergency Constitutions by Drawing on Social Contract Theory
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15 - The Future of States of Emergency
pp 376-391
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References
pp 392-411
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Index
pp 412-423
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State of Emergency

An Economic Analysis

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Contents

State of Emergency
pp i-ii

State of Emergency - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-viii

Figures
pp ix-x

Tables
pp xi-xiii

Acknowledgments
pp xiv-xvi

1 - Introduction
pp 1-6

2 - The Architecture of Emergency Constitutions
pp 7-43

3 - The Determinants of Emergency Constitutions
pp 44-66

4 - Why Do Governments Call a State of Emergency?
pp 67-101

5 - The Effectiveness of Emergency Constitutions after Natural Disasters
pp 102-130

6 - When Does Terror Induce a State of Emergency? And What Are the Effects?
pp 131-189

7 - States of Emergency after Domestic Turmoil
pp 190-211

8 - Dealing with Disaster
pp 212-225

9 - Keeping up the Balance between the Federation and the States
pp 226-256

10 - Constitutionalized Media Freedom during Emergencies
pp 257-294

11 - Unconstitutional States of Emergency
pp 295-318

12 - The COVID-19 Pandemic, States of Emergency, and Reliance on Executive Decrees
pp 319-335

13 - Returning to the Status Quo Ante?
pp 336-350

14 - Contracting for Catastrophe
pp 351-375

15 - The Future of States of Emergency
pp 376-391

References
pp 392-411

Index
pp 412-423

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State of Emergency

An Economic Analysis

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