Suchergebnisse

The ideal state of emergency -- The permanent state of emergency -- Permanent states of emergency and constituent power -- Permanent states of emergency and legal black holes -- Permanent states of emergency and legal grey holes -- Alternatives to constitutional emergency accommodation -- Resisting the permanent state of emergency.

Abstract
This article introduces the concept of hegemonic constituent power to argue for a greater role for the people in the process of Irish reunification through the establishment of a constituent assembly. Hegemonic constituent power contends that, ideally, constituent power should be possessed by the people; however, descriptively, this is invariably not the case. Constituent power instead is best understood as the manifestation of hegemony – the dominant power base in a given legal order that legitimates and reinforces this power through institutions, prevailing ideas and culture. Hegemony performs an important function in descriptively explaining legitimacy formation while not necessarily conferring normative legitimacy on existing power structures or those who exercise constituent power. Legitimacy and illegitimacy are both embedded in this notion of hegemonic constituent power. This allows for constituent power to perform a legitimating function and its creative potential to be unleashed while still leaving space for critical contestation over how this power was exercised. In this way, hegemonic constituent power also seeks to address critiques of constituent power as enabling populism. The article then deploys this concept of hegemonic constituent power to argue that fears of invoking the will of the people in debates on Irish reunification are misplaced.

AbstractThis article challenges the idea, both in domestic and international law, of defining terrorism. Using section 1 of the UK's Terrorism Act 2000 as an illustrative example, this article argues that a single definition of terrorism is invariably broad owing to the need to accommodate the lowest common denominator. This is damaging to the 'principle of legality' as recognized in British public law and the ECHR. Moreover, this problem is further exacerbated by the increasing application of counterterrorism legislation to non-international armed conflicts. This article therefore suggests an alternative solution: multiple definitions of terrorism whose breadth is dependent upon the specific circumstances for which they are designed. Fears that such an approach may amount to an 'expression of inconsistency' will be addressed by arguing that law's capacity to shape and frame public and political debate on the concept of terrorism is over-exaggerated. Legal definitions of terrorism therefore should remain primarily concerned with the legal rather than political function of defining terrorism.