Jump to ContentJump to Main Navigation
Overcoming NecessityEmergency, Constraint, and the Meanings of American Constitutionalism$
Users without a subscription are not able to see the full content.

Thomas P. Crocker

Print publication date: 2020

Print ISBN-13: 9780300181616

Published to Yale Scholarship Online: January 2021

DOI: 10.12987/yale/9780300181616.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 14 April 2021



(p.1) Introduction
Overcoming Necessity

Thomas P. Crocker

Yale University Press

This chapter does not focus on the common-law or international doctrines of necessity but discusses the family of justificatory arguments that arise within liberal constitutionalism to the effect that “necessity knows no law.” It analyzes the constitutional norms that fail to guide and constrain the choice of action through an analysis of what is appropriate. It explores how constitutional norms always apply as unavoidably normative constitutional questions during an emergency. The chapter also looks into post-9/11 counterterrorism practices of surveillance, detention, interrogation, and targeted killing. It observes the scope of the argument that transcends specific 9/11 terrorist practices in order to encompass the structure of constitutional thought of which policy choices arise.

Keywords:   necessity, liberal constitutionalism, constitutional norms, post-9/11, counterterrorism practices, surveillance, detention, interrogation, targeted killing

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.