The hard cases of emergency are not isolated episodes. Rather, they spring out of deep political conflicts. Their resolution is the measure of endurance of democratic Constitutions, which are tested on two grounds: the ability of the state to take the necessary measures, and of the political system to deliberate and resolve the political conflicts according to the rules of the game. Constitutional politics operate on a rule of reciprocal impartiality—both procedural and substantive (respect for civil rights). Greece’s rich constitutional experience with political emergencies offers an excellent case study of these problems.
Political Emergencies as Challenges to the Impartiality of Public Law