Constitutional relativists endorse the hypothesis that the constitution “creates or recognizes a constitutional law of necessity” obliging the Executive, as “Lord protector of the constitution”, to use its discretion to protect the constitutional order during…
Category: Contemporary Theories of Emergency Power
A Brief Summary of Oren Gross’ Extra-Legal Measures Model
Imagine CSIS has detained an individual, and they’re totally confident he or she has planted a bomb containing weaponized anthrax in the Eaton’s Centre. The bomb may detonate at any minute potentially exposing tens of…