Emergency Laws in Comparative Constitutional Law – The Case of Sweden and Finland

2018 ◽  
Vol 19 (2) ◽  
pp. 219-250 ◽  
Author(s):  
Anna Jonsson Cornell ◽  
Janne Salminen
Keyword(s):  
Constitutional Law ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Emergency Situations ◽  
Emergency Powers ◽  
Starting Point ◽  
Comparative Constitutional Law ◽  
International Obligations ◽  
Fundamental Rights And Freedoms ◽  
Insight Into

Within Scandinavia, Sweden stands out for not having gone to war in over 200 years. Its neighboring states—Finland, Denmark, and Norway—have not been as fortunate. Their respective constitutions each provide insight into their different experiences. The Swedish Constitution remains silent on emergency situations that do not rise to the predefined level of “war.” The Finnish constitution differs from the Swedish in that it allows for time-limited restrictions to protect fundamental rights and freedoms during a state of emergency, aggression, or any other situation that poses a severe threat to the nation, if stipulated by law and in congruence with international obligations of Finland. Importantly, when and how a government can declare a state of emergency is a question of ordinary law, rather than a constitutional one. This Article offers a comparative constitutional law analysis of the relative constitutional silence in Sweden and Finland as concerns emergency powers. The analysis takes as its starting point Böckenförde'sThe Repressed State of Emergency: The Exercise of State Authority in Extraordinary Circumstances.

scholarly journals Conceptual and functional diversity of the ombudsman institution in Asia (comparative constitutional law analysis)

2017 ◽  
Vol 1 (2) ◽  
pp. 74-83
Author(s):  
Lívia Trellová
Keyword(s):  
Functional Diversity ◽  
Constitutional Law ◽  
Point Of View ◽  
Final Part ◽  
Legal Doctrine ◽  
Starting Point ◽  
Comparative Constitutional Law ◽  
Bar Association

This paper deals with conceptual and functional diversity of the Ombudsman Institution in Asia from comparative constitutional point of view. The author analyses ombudsman institution in Asia. Characteristics and definiton of Ombudsman made by European legal doctrine and also by the International Bar Association resolution was used as an starting point to set certain criteria upon which Asian ombudsman institutions are subject to comparative anaysis. Final part throws light on the prospects and problems of models, establishment and functioning of ombudsman institutions in Asia.

scholarly journals Restrictions of Rights and Freedoms during the COVID-19 Pandemic in the United Kingdom of Great Britain and Northern Ireland

2021 ◽  
Author(s):  
Maria Moulin-Stozek
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Legal Documents ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Fundamental Rights And Freedoms

In the United Kingdom of Great Britain and Northern Ireland fundamental rights and freedoms are protected by the Human Rights Act 1998. Some of them were limited during a state of emergency declared on the basis of Civil Contingencies Act 2004 and, particularly relevant for the current COVID-19 crisis, Public Health (Control of Disease) Act 1984. The review of legal documents and literature indicates that the lockdown regulations – mainly Health Protection (Coronavirus Restrictions) (England) Regulations 2020 – adversely affected the everyday life of British citizens. This article discusses if those restrictions could have potentially interfered with some of the fundamental rights.

scholarly journals Romania: derogation from the European Convention on Human Rights – freedom of expression during public emergency

2021 ◽  
pp. 39-54
Author(s):  
Mónika Márton
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
State Of Emergency ◽  
European Court ◽  
Public Emergency ◽  
Fundamental Rights And Freedoms

A pandemic can provide a textbook example for the restrictions of fundamental rights and freedoms. Romania has decided to derogate from the application of the European Convention on Human Rights during the state of emergency caused by the COVID-19 pandemic. The questions discussed in this paper are whether the derogation of Romania fulfils the criteria established by the case-law of the European Court of Human Rights. If the answer is affirmative: does it have any effect on the inherent limitations on the freedom of expression as stated in art. 10 of ECHR?

scholarly journals State of emergency for reasons of national security

2020 ◽  
pp. 37-57
Author(s):  
ANDREI-NICOLAE POPA
Keyword(s):  
National Security ◽  
The State ◽  
Fundamental Rights ◽  
Legal Institutions ◽  
Main Argument ◽  
State Of Emergency ◽  
Fundamental Rights And Freedoms

This article begins from the hypothesis that the state of emergency should be able to be established only for reasons of national security. The main argument is that a state of emergency should be established for causes of an exceptional nature and other than those for which the exercise of fundamental rights and freedoms is currently restricted. The content of this article demonstrates that the state of emergency is a defensive- offensive act through which the state temporarily suspends some legal institutions, replacing them with others, to protect the existence of the state itself (seen as population, territory, sovereignty), this being the supreme value. protected by such measures

scholarly journals Accommodating Security Imperatives v. Protecting Fundamental Rights

2018 ◽  
Vol 28 (1-4) ◽  
pp. 62-91
Author(s):  
Emre Turkut
Keyword(s):  
National Security ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Emergency Powers ◽  
Turkish State ◽  
Turkish Case ◽  
Domestic Level ◽  
Historical Origins

This article seeks to illuminate the use of exceptional national security and emergency powers in the fight against terrorism in Turkey. The article is organized in four parts. Section i looks at the role of terrorism in the activation and justification of a state of emergency and introduces the Turkish case within this context. Section ii explores the historical origins of the Turkish state of emergency regime and analyses the principles regulating emergency regime at the Turkish domestic level. Section iii examines the operation of governmental emergency powers by providing an analysis of the state of emergency practices in Turkey, both past and present. A principal focus is necessarily directed at the state of emergency and the measures deployed within this framework in Turkey’s predominantly Kurdish southeast, where emergency rule was in force from 1987 to 2002, and the recent nationwide state of emergency in the wake of the 15 July attempted coup. Section iv presents concluding remarks.

Benign Racial Discrimination: Equality and Aborigines

1979 ◽  
Vol 10 (3) ◽  
pp. 238-286 ◽  
Author(s):  
David Partlett
Keyword(s):  
United States ◽  
Constitutional Law ◽  
Fundamental Rights ◽  
Australian Government ◽  
Government Programs ◽  
Legal Standing ◽  
Racial Lines ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Individual Human

Mr Partlett is concerned to review the theoretical and practical place of government programs which positively discriminate in favour of groups on racial lines. He reviews the justification of this benign discrimination in relation to the notion of equality. He finds that the justification of benign discrimination depends upon its social realities. With reference to recent United States constitutional law developments he concludes that programs of benign discrimination must be closely justified to ensure that they do not trespass on certain fundamental rights and freedoms of the individual. Australian government initiatives are then reviewed together with an appraisal of their legal standing under the various pieces of anti-discrimination legislation in Australia. The author attempts to synthesise out of this discussion a strategy under which benign programs may be encouraged for the promotion of equality for aborigines, while at the same time the individual human rights of others are protected.

scholarly journals Karol Dobrzeniecki, Prawo wobec sytuacji nadzwyczajnej. Między legalizmem a koniecznością, Toruń 2018. Recenzja

2020 ◽  
pp. 121-125
Author(s):  
Arkadiusz Barut
Keyword(s):  
Constitutional Law ◽  
Emergency Situation ◽  
Moral Issue ◽  
Legal Regulations ◽  
State Of Emergency ◽  
Emergency Situations ◽  
Interdisciplinary Character ◽  
The Subject ◽  
The Relationship ◽  
Philosophical Doctrine

The subject of the review is a monograph by Karol Dobrzeniecki “Law on emergency situations. Between legalism and necessity” (Toruń 2018). According to the reviewer, the nature of the work determines the distinction between an emergency situation, that is, a factual state requiring action not provided for by law and a state of emergency, i.e. a legal institution. The main purpose of the work is to analyze the relationship between the recognition of an exceptional situation only in legal terms, and its approach as a political and moral issue. The work has interdisciplinary character. Karol Dobrzeniecki, analyzing jurisprudence, political philosophical, doctrine of constitutional law, as well as constitutional, international and supranational legal regulations, points out the danger of legal "normalization" of a state of emergency, that is, the penetration of its specific solutions into the law intended for the ordinary situation, and hence blurring of the distinction between ordinary and exceptional situations. The author of the reviewed monograph believes that the exceptional situation should be assessed primarily in moral and political categories, being aware of the tragic nature of the choices made at the time.

Juridical Aspects Regarding the Exceptional Measures Imposed during the State of Emergency

2020 ◽  
Vol 26 (2) ◽  
pp. 237-241
Author(s):  
Alexandru Stoian
Keyword(s):  
The State ◽  
Fundamental Rights ◽  
World Health ◽  
Public Order ◽  
Constitutional Democracy ◽  
State Of Emergency ◽  
International Context ◽  
The Public ◽  
Health Organization ◽  
Fundamental Rights And Freedoms

AbstractAccording to art. 20 of the Emergency Ordinance no. 1/1999 of the Romanian Government, the state of emergency imposes “non-military measures of public order and it is instituted in case of special threats to the national security or to the functioning of the constitutional democracy, as well as in the case of different disasters”. The requirement to implement economic, social or political measures in the case of the state of emergency is directly dependent on the progressive nature of the danger. During the state of emergency, the exercise of fundamental rights and freedoms may be restricted and important responsibilities of the public administration authorities are subordinated to the competence of the public order authorities, specified in the decree establishing the state of emergency. The spread of the SARS-CoV2 coronavirus, in the international context of the declaration of the pandemic by the World Health Organization, led to the adoption by the Decree of the President of Romania no. 195 of March 16, 2020 on the establishment of the state of emergency on the territory of Romania, which had important consequences in terms of restriction on the exercise of fundamental rights and freedoms.

scholarly journals Legal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen

2020 ◽  
Vol 8 (2) ◽  
pp. 35-43
Author(s):  
Gabriela Nemtoi ◽  
Eugenia Gabriela Leuciuc
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Fundamental Rights ◽  
Legal Regime ◽  
State Of Emergency ◽  
Legal Provisions ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
Constitutional Meaning ◽  
Emergency Measures

In Romania, the state of siege and state of emergency is regulated by GEO no. 1/1999 approved by Law no. 453/2004 of the Romanian Parliament. The emergency ordinance expressly provides that the decree of the President of Romania on the establishment of a state of emergency or state of siege must provide for first-line, emergency measures to be taken in such situations, namely the fundamental rights and freedoms whose exercise is restricted, within the limits of the constitutional provisions and of the emergency ordinance. In relation to the above constitutional and legal provisions, arises the question what does it mean that the President establishes, according to the law, the state of siege or emergency? What is the constitutional meaning of the phrase "establish, according to the law"? Does it refer to the fact that the President has only the power to declare a state of emergency or a state of siege, under the subsequent control of a Parliament which enjoys only the power to approve the measure? Or does it refer to the fact that the President has the competence to implement / execute the provisions of the law that establishes the legal regime of the state of siege or of the state of emergency in Romania? In this context, it is necessary to look at the limits of the fundamental rights and freedoms of the citizen in the event of a state of emergency.

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

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