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The ‘political’ and the ‘legal’: comments on Professor Tushnet’s paper
Published online by Cambridge University Press: 07 March 2008
Abstract
This comment responds to a central issue posed by Professor Tushnet as to the way in which democracies control the exercise of emergency powers. Sands believes that ‘law’ and ‘politics’ are not mutually exclusive, and that the relationship between them suggests that a general theory on the interplay of political and legal factors in controlling the exercise of emergency powers remains elusive.
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- Copyright © Cambridge University Press 2008
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