Why Rome Didn’t Bark in the Night
Some Thoughts on Crisis Government and Constitutional Flexibility
Bibliographic Data
| ID | 6355795 |
|---|---|
| Authors | Nomi Claire Lazar (0000-0001-5908-8949, University of Ottawa, corresponding author) |
| Year | 2013 |
| Volume | 45 |
| Issue | 3 |
| Pages | 422-444 |
| Publication date | 2013-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Polity (JOURNAL) |
| Journal identifiers | ISSN: 0032-3497 • E-ISSN: 1744-1684 |
| Publisher | University of Chicago Press (PUBLISHER • US) |
| DOI | 10.1057/pol.2013.12 |
| OpenAlex | W1997271423 |
| Language | EN |
| Citations received | 1 |
| References cited | 9 |
Republican thinkers normally have considered prerogative powers natural and necessary to a state’s survival. Yet Americans are suspicious of these powers, despite their frequent use. This paper draws a consequential distinction between the legitimacy of prerogative as such and the dangers of its use. Employing the Roman dictatorship to illustrate the stakes, I demonstrate that, while the Romans were cautious with the Dictatorship, they embraced its legitimacy in a broader context of a self-consciously flexible government and a tradition of innovation. This serves as a vivid contrast with contemporary American perceptions of the sources of constitutional stability. I argue that unwarranted suspicion of flexible government plays an important role in misperceptions about the legitimacy of prerogative power in constitutional regimes. The inevitable dangers of prerogative in action do not suffice to demonstrate its illegitimacy as an institution
Constitution · Constitutionality · Context (archaeology · Democracy · Dictatorship · Government (linguistics · Institution · Law and economics · Legitimacy · Political science · Politics · Prerogative · Sociology · State (computer science · American Constitutional Law and Politics · History · Judicial and Constitutional Studies · Law · Philosophy · Political Theory and Influence
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,09 |
| Citation span | 2015 - 2015 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |