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  1. Republican Theory and the EU: Emergency Laws and Constitutional Challenges.E. Herlin-Karnell - 2021 - Jus Cogens 3 (3):209-228.
    The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by (...)
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  • Noumenal Power, Reasons, and Justification: A Critique of Forst.Sameer Bajaj & Enzo Rossi - forthcoming - In Ester Herlin-Karnell & Matthias Klatt (eds.), Constitutionalism Justified. Oxford: Oxford University Press.
    In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. (...)
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