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The Guardians: The League of Nations and the Crisis of Empire

The Guardians: The League of Nations and the Crisis of Empire 450 Austrian Review of International and European Law inevitable to bypass the parliament by governing in closed circles and specialized committees without actually arguing in favour of a strong executive. On the contrary, he even lamented that it thereby lost its original foundation and purpose. However, Schmitt and his views on (constitutional) law in times of crisis – or their reception at least – had a renaissance in the wake of 9/11. During these times, constitutionalism and the idea of a strong Congress was seen as an impediment to the need for effective and decisive actions. Ohlin however convincingly argues how a strong and active parliament not only can function better than a nefarious strong man in times of crisis but also that the thought of the need for a strong executive is misleading in the fi rst place. In sum, reading The Assault on International Law provides a dramatic insight into the legal, academic, and – ultimately – political battles over the place of international law in US domestic law and the US conceptualization of sovereignty. For those with a particular fondness for international law, it reads like a thriller – a pretty good one, for that matter. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

The Guardians: The League of Nations and the Crisis of Empire

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
DOI
10.1163/15736512-00000018
Publisher site
See Article on Publisher Site

Abstract

450 Austrian Review of International and European Law inevitable to bypass the parliament by governing in closed circles and specialized committees without actually arguing in favour of a strong executive. On the contrary, he even lamented that it thereby lost its original foundation and purpose. However, Schmitt and his views on (constitutional) law in times of crisis – or their reception at least – had a renaissance in the wake of 9/11. During these times, constitutionalism and the idea of a strong Congress was seen as an impediment to the need for effective and decisive actions. Ohlin however convincingly argues how a strong and active parliament not only can function better than a nefarious strong man in times of crisis but also that the thought of the need for a strong executive is misleading in the fi rst place. In sum, reading The Assault on International Law provides a dramatic insight into the legal, academic, and – ultimately – political battles over the place of international law in US domestic law and the US conceptualization of sovereignty. For those with a particular fondness for international law, it reads like a thriller – a pretty good one, for that matter.

Journal

Austrian Review of International and European Law OnlineBrill

Published: May 7, 2018

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