Terror, emergencies, drastic conditions and democratic constitutionalism

<p>Constitutions establish governmental powers, but they do not in themselves confer legitimacy, let alone constitute the body politic that alone can grant legitimacy. Liberal democratic constitutions institute respect for individuals in different ways, but some lines are firmly and almost uni...

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Bibliographic Details
Main Authors: Charles Fried, Gregory Fried
Format: Article
Language:deu
Published: Max Steinbeis Verfassungsblog GmbH
Series:Verfassungsblog
Online Access:https://verfassungsblog.de/os5-drastic-conditions/
Description
Summary:<p>Constitutions establish governmental powers, but they do not in themselves confer legitimacy, let alone constitute the body politic that alone can grant legitimacy. Liberal democratic constitutions institute respect for individuals in different ways, but some lines are firmly and almost universally drawn. Torture and mutilation, however, are almost universally condemned in properly liberal societies. But when government, betraying its own duly constituted role as agent of society, turns to torture as a tool to inquire into, protect against and punish even the severest threats to itself and to individual persons, it runs up against an absolute limit of morality, decency, respect for the human person, and undermines itself. </p>
ISSN:2366-7044