The papers on this panel, drawn from the forthcoming volume Constitutionalism in Context (CUP 2018), offer contextual and interdisciplinary perspectives on issues and jurisdictions at the cutting edge of the study of constitutionalism. Each chapter introduces the reader to a jurisdiction in a context-rich way, then proceeds to explore an emerging issue at length in...
Tag: <span>Amnon Reichman</span>
Due Process Under Extreme Conditions: Burdens, Deference and the Judicial Function
In exercising judicial review in times of crises courts face a well-known dilemma: to defer or not to defer? Deference is prudent: The executive/legislature are better equipped to deal with emergencies swiftly and efficiently, as they possess the expertise, the wherewithal, and bear the responsibility for error. Exercising strict review may derail the governmental efforts...