Defining and Challenging Emerging Powers in post-2001 Europe: the Role of Parliamentary Oversight and Litigation in France and the United Kingdom
For more than a century, the relationship between emergency powers, constitutionalism and sovereignty have constituted a highly dynamic and debated area of political theory and legal studies, contributing to transform our understanding of power, democracy and the rule of law. In the framework of the re:constitution fellowship, the project intends to discuss the contemporary use of emergency powers in European states, with a special focus on the role of legislative bodies and judicial proceedings in monitoring and challenging emergency measures in the post-2001 era. Building on my work on the state of emergency in Turkey and concentrating on France and the United Kingdom, the study will analyse emergency powers from both a constitutional and human rights perspective. Besides analysing the challenges to fundamental rights represented by the recent uses of state of emergency and counter-terrorism provisions in these two countries, I will explore the complementary role of parliamentary supervision and judicial proceedings in defining the limits of discretionary power and challenging infringements of rights and freedoms.
