A Terrified New World: A Discussion of Appropriate Qualities for a Framework of Emergency Powers

Abstract

This paper engages in a discussion of emergency powers of government. It looks at three different approaches to emergency powers that have not necessarily be considered all at once before. As a result of this examination and critique the paper offers an alternative approach for emergency powers. Requiring a government to design emergency powers in advance overcomes the risks of the other models. The risks of an advance framework also are the risks associated with the creation of ordinary legislation.