scholarly journals Emergencies: on the misuse of government powers

Public Choice ◽  
2021 ◽  
Author(s):  
Christian Bjørnskov ◽  
Stefan Voigt
Keyword(s):  
Human Rights ◽  
Natural Disasters ◽  
Natural Disaster ◽  
The State ◽  
Unexpected Result ◽  
Negative Effects ◽  
State Of Emergency ◽  
Presidential Democracies

AbstractNine out of 10 constitutions contain explicit emergency provisions, intended to help governments cope with extraordinary events that endanger many people or the existence of the state. We ask two questions: (1) does the constitutionalization of emergency provisions help governments to cope with disasters and other extraordinary events? (2) What particular parts of emergency constitutions fare best? We find that the more advantages emergency constitutions confer to the executive, the higher the number of people killed as a consequence of a natural disaster, controlling for its severity. As this is an unexpected result, we discuss a number of potential explanations, the most plausible being that governments use natural disasters as a pretext to enhance their power. Furthermore, the easier it is to call a state of emergency, the larger the negative effects on basic human rights. Interestingly, presidential democracies are better able to cope with natural disasters than parliamentary ones in terms of lives saved, whereas autocracies do significantly worse in the sense that empowerment rights seriously suffer in the aftermath of a disaster.

Law on Natural Disasters

2018 ◽  
Author(s):  
Ki-Gab Park
Keyword(s):  
Natural Disasters ◽  
International Cooperation ◽  
Natural Disaster ◽  
International Community ◽  
The State ◽  
Efficient Tool ◽  
International Solidarity ◽  
Cooperation Mechanism ◽  
Prior Consent ◽  
Humanitarian Crises

The chapter argues that natural disasters are common concerns in the international community. At the same time, the current international cooperation mechanism, based on the principle of equal sovereignty, require prior consent by the state affected by a natural disaster. Unfortunately, this is not always an efficient tool for the protection of victims. The globalization of problems and the proliferation of humanitarian crises make the veritable solidarity of the international community increasingly necessary, and therefore another high value, namely international solidarity or community obligations, should create direct and immediate obligations for all members of the international community. The main object of this chapter is to discuss the future-oriented direction of the law on natural disasters. This means, first, to ascertain the lex lata, especially customary rules. The chapter further offers some suggestions on possible ways for the international community to provide more effective relief for victims of natural disasters.

Totul e atât de firesc în tăcerea noastră. Sau despre infracțiunea de omisiunea declarării unor informații

2020 ◽  
Vol 2020 (2020) ◽  
pp. 256-265
Author(s):  
Andra-Roxana TRANDAFIR ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
Negative Effects ◽  
State Of Emergency ◽  
Contagious Disease

Following the state of emergency declared as a result of the COVID-19 pandemic, the Romanian legislator adopted in March 2020 an Emergency Ordinance which, among others, modified the Criminal Code and introduced a new offence, which sanctions the omission to declare certain information regarding the possibility to of having had contact with a person infected with a contagious disease. The paper underlines the deficiencies of these modifications, analyzing the lack of clarity of several notions used by the legislator, as well as the potential negative effects of such way of regulating criminal offences.

scholarly journals Separating Normalcy from Emergency: The Jurisprudence of Article 15 of the European Convention on Human Rights

2011 ◽  
Vol 12 (10) ◽  
pp. 1764-1785 ◽  
Author(s):  
Alan Greene
Keyword(s):  
Human Rights ◽  
National Security ◽  
The State ◽  
European Convention ◽  
State Of Emergency ◽  
Liberal Democratic ◽  
Imminent Danger ◽  
European Court ◽  
Tight Rope ◽  
Legal Document

The European Convention of Human Rights (ECHR) is as much a political as it is a legal document. The European Court of Human Rights (ECtHR) constantly walks the delicate tight rope between vindicating human rights and respecting the sovereignty of contracting states. This balancing act is particularly sensitive when a situation of “exceptional and imminent danger” exists. In such instances of national security the state may need to act in a manner beyond the parameters of normalcy in order to neutralize the threat and protect both itself and its citizens. Article 15 of the ECHR therefore allows states to derogate from its obligations under the convention when a state of emergency is declared. On foot of a notice of derogation, a state has more discretion and flexibility to act accordingly to respond to a threat without being constrained by its obligations under the treaty. However, it is also in these conditions that human rights are at their most vulnerable as the state's response may encroach severely on individuals' rights and the liberal-democratic order of the state.

Notstandskontrolle

2019 ◽  
Author(s):  
Felix Weber
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Level System ◽  
State Of Emergency ◽  
Sovereign State ◽  
Judicial Control ◽  
States Of Emergency ◽  
Multi Level

Between 2015 and 2017, France, Turkey and Ukraine, as member states of the European Convention on Human Rights, declared a state of emergency according to Art. 15 ECHR. The events associated with the suspension of Convention rights show the current significance of the legal standardisation of political and social states of emergency. In the end it is all about the question of who ultimately controls the state of emergency: the sovereign state, the state community with a supranational judicial control, or both in terms of a horizontal overlapping of powers in the European multi-level system? Art. 15 ECHR still leaves unanswered questions to which the Strasbourg organs have responded over the years with a differentiated jurisprudence and with the granting of a certain margin of discretion. The book deals with these issues in the light of ECtHR case law and case studies on France, Turkey and Ukraine.

scholarly journals Derogation of Human Rights and Freedoms in RNM during the State of Emergency Caused by COVID-19

SEEU Review ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 24-42
Author(s):  
Abdulla Azizi
Keyword(s):  
Human Rights ◽  
Survey Methods ◽  
The State ◽  
International Standards ◽  
European Convention ◽  
State Of Emergency ◽  
The Republic ◽  
The Government ◽  
Territory Government ◽  
Restrictive Measures

AbstractConsidering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not.The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law).Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper.Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens.The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens.

scholarly journals Special Legal Regimes and Their Status under the Lithuanian Legal System

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 79-98
Author(s):  
Vaidotas A. Vaičaitis
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
Legal System ◽  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Management Regime ◽  
Legal Regimes

Based on the constitutional approach, this article examines three special legal regimes in the Lithuanian legal system: the state of emergency, disaster management regime, and quarantine. The article uses four methodological criteria to reveal the differences and similarities between these legal regimes: a) the basis for the declaration of a particular legal regime, b) the subjects of their declaration and management, c) their duration, and d) the special measures applied during them, including human rights restrictions.

scholarly journals Stany nadzwyczajne stan wojenny, stan wyjątkowy, stan klęski żywiołowej w konstytucji Rzeczypospolitej Polskiej

2016 ◽  
Vol 106 ◽  
pp. 19-27
Author(s):  
Marcin Miemiec
Keyword(s):  
Crisis Management ◽  
Natural Disaster ◽  
Legal System ◽  
The State ◽  
Public Order ◽  
Martial Law ◽  
State Of Emergency ◽  
Emergency Situations ◽  
States Of Emergency ◽  
Democratic State

EXTRAORDINARY MEASURES MARTIAL LAW, STATE OF EMERGENCY, STATE OF NATURAL DISASTERThe Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

scholarly journals Mental, Physical and Socio-Economic Status of Adults Living in Spain during the Late Stages of the State of Emergency Caused by COVID-19

2022 ◽  
Vol 19 (2) ◽  
pp. 854
Author(s):  
Elisabet Sánchez-Rodríguez ◽  
Alexandra Ferreira-Valente ◽  
Filipa Pimenta ◽  
Antonella Ciaramella ◽  
Jordi Miró
Keyword(s):  
Online Survey ◽  
Negative Impact ◽  
Economic Status ◽  
Cross Sectional Study ◽  
The State ◽  
Negative Effects ◽  
Cross Sectional ◽  
State Of Emergency ◽  
Socio Economic Status ◽  
Late Stages

Research has shown that the confinement measures implemented to curb the spread of COVID-19 can have negative effects on people’s lives at multiple levels. The objective of this cross-sectional study was to better understand the mental, physical, and socio-economic status of adults living in Spain during the late stages of the state of emergency caused by COVID-19. Five hundred and forty-four individuals responded to an online survey between 3 June and 30 July 2020. They were asked to report data about their mental and physical health, financial situation, and satisfaction with the information received about the pandemic. Means, percentages, t-test, ANOVAs, and logistic regressions were computed. A third of the participants reported symptoms of anxiety, depression, and stress, and worries about their health and the future. Participants also described mild levels of fatigue and pain during lockdown (66%), and a reduction in household income (39%). Respondents that were female, younger, single, and with lower levels of education reported experiencing a greater impact of the COVID-19 pandemic. The data showed that the negative effects of lockdown were present in the late stages of the state of emergency. The findings can be used to contribute to the development of programs to prevent or mitigate the negative impact of confinement measures.

scholarly journals Eswatini's legislative response to COVID-19: Whither human rights?

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Musa Njabulo Shongwe
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Emergency Powers ◽  
Executive Authority ◽  
Constitutional State ◽  
Response Measures ◽  
Long Term Impact

Having been confronted with the COVID-19 pandemic, the Kingdom of Eswatini has had to adopt both soft and hard response measures. The constitutional emergency response framework had not envisaged the type of emergency brought about by COVID-19, forcing the state to enact extraordinary regulatory measures. Unprecedented emergency powers have been conferred on state functionaries. Questions have arisen as to the nature of these emergency powers, the manner in which these powers have been exercised and the absence of special oversight mechanisms. The response measures and regulations have had an unparalleled impact on lives and livelihoods of Emaswati. This article explores the nature of emergency powers in the laws of Eswatini, and the particular effects of the COVID-19 regulations on human rights. This article commences with an analysis of constitutional emergency powers in Eswatini and the limitations thereof, and considers the question of why the state did not invoke a constitutional state of emergency. The article proceeds to examine the nature of statutory emergency powers under the Disaster Management Act, and considers whether there are effective legal limitations on the exercise of executive authority and effective safeguards against the abuse of power. The article then deals with the particular impact of the COVID-19 response legal framework on human rights protection. In this regard, the article advances examples of situations where rights have been infringed. Finally, the article proposes that the state's response measures should continuously endeavour to mitigate the long-term impact on human rights.

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