A state of constitutional necessity versus standard legal reasoning Gizbert-Studnicki, Tomasz Author aut Text xx# 2017 Verfassungsblog 2017-06-03 eng
electronic resource
remote
Computermedien
Online-Ressource
 N.W. Barber and A. Vermeule, in their seminal paper, differentiate between three types of cases in which the exceptional role of courts can come to light. I will be interested only in the third type of cases, which has been defined by Barber and Vermeule as follows: ‘There are some cases in which the health of the constitutional order requires the judge to act not merely beyond the law, as it were, but actually contrary to the law.’ CC BY-NC-ND 4.0 Gizbert-Studnicki, Tomasz 342 https://verfassungsblog.de/a-state-of-constitutional-necessity-versus-standard-legal-reasoning/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20170603-170635 170603 10.17176/20170603-170635 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)