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최양수 연세법학회 2002 연세법학 Vol.9 No.1
Over large parts of the world, crisis government has become the rule rather than the exception. The assumption of leadership in an emergency by the governmental power holder is often spoken of as "constitutional dictatorship." Crisis government is the temporary supersession of the technique of powers shared among several power holders, who are endowed with reciprocal controls, by the deliberate concentration of power in the hands of the executive power holder, and the of the normal interorgan controls of the assembly toward the executive power holder to the benifit of the latter. In this survey we consider two topics of undoubted significance for the life of american constitutional system : the power to conduct foreign relations and the power to respond to emergencies and constitutional crises. One problem concerns the growth of presidential power and whether it can be sguared with basic constitutional principles, such as the limitation and separation of power. A second problem concerns the terrible demand of war and crises and whether these demands can be met while maintaining our respect for constitutional principles. In Conclusion, crisis government, whatever its legitimation, seriously affects the normal conduct of the political process and nullifies, to a varying extent, the operation of the normal interorgan controls for the benifit of the executive and to the detriment of the legislative power holder. But, since crisis has come to stay, constitutional democracy will have to live with crisis government.