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.

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 Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals A Pandemia Covid-19 e o Estado de Emergência em Portugal: Breves Considerações Sobre Políticas Públicas

2020 ◽  
Vol 14 ◽  
pp. 33-45
Author(s):  
Leandro Berenguer ◽  
◽  
Keyword(s):  
Civil Society ◽  
Public Policies ◽  
Third Republic ◽  
Theoretical Framework ◽  
The State ◽  
Fundamental Rights ◽  
Top Down ◽  
State Of Emergency ◽  
The Third ◽  
First Time

The COVID-19 pandemic prompted States to adopt exceptional measures to contain their spreads rates and therefore mitigate their effects. In Portugal there was a need to resort to the figure of the state of emergency, being used for the first time since the foundation of the third Republic. To respond to a situation of public calamity, the suspension, albeit partial, of fundamental rights, freedoms and guarantees was used, adopting measures with repercussions in the most varied areas of civil society. Based on the security context of a State, this article intends to analyse the declarations of the state of emergency in Portugal in the light of the theoretical framework of public policies, reflecting on the process of implementing the state of emergency. To this end, the top-down and bottom-up approaches are placed in confrontation as the main theories of public policies implementation in the analysis of the unprecedented political context in Portugal.

scholarly journals Theoretical and Practical Fundamentals for Armenia’s National Security Strategy

2013 ◽  
pp. 83-88
Author(s):  
K. P. Marabyan
Keyword(s):  
National Security ◽  
The State ◽  
Adoption Process ◽  
Security Strategy ◽  
External Threats ◽  
National Security Strategy

The article aims to consider the development and adoption process of one of the most crucial conceptual documents – Armenia’s National Security Strategy. The Armenian vision of internal and external threats of Armenia’s National Security is presented in accordance with the conceptual documents of Armenia. Particularly stressed is the role of the factor of adoption of such type of document as Armenia’s National Security Strategy and the role of the very document in the activity of the state authorities.

scholarly journals Scenes of emergency: Dis/re-assembling the promise of the UK emergency state

2020 ◽  
pp. 239965442095421
Author(s):  
Ben Anderson
Keyword(s):  
The State ◽  
State Of Emergency ◽  
State Effect ◽  
Emergency Powers ◽  
Anxious State ◽  
The Uk

The paper traces the development of UK ‘state of emergency’ legislation through three ‘scenes of emergency’: the introduction of the Emergency Powers Act in 1920, a revision to the Act in 1964, and discussion within government departments about possible changes to emergency powers in 1973. Through these scenes, and contra to existing work on the state of emergency as an occasion for the intensification of sovereignty, I show how the introduction of and revision to ‘state of emergency’ legislation were occasions for a double concern – with the excessiveness of the state, as per Foucault’s analysis of liberalism, but also for the excessiveness of events. In ‘scenes of emergency’ a specific ‘state effect’ was dis/re-assembled: the promise of the providential state that protected life through control of events. As emergency legislation was subject to deliberation and contestation, other versions of the state surfaced: beginning with the interested, classed, state and the tyrannical state as emergency powers were introduced and ending with the anxious state that loses faith in the efficacy of emergency powers in a world of changing events. As well as arguing that work on governing emergencies should be orientated to ‘scenes of emergency’ in which that which governs relates to excess, the paper suggests that assemblage approaches to the state should be concerned with dis/re-assembly.

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.

Detention Without Trial and Constitutional Safeguards in Zimbabwe

1985 ◽  
Vol 29 (1) ◽  
pp. 38-58
Author(s):  
John Hatchard
Keyword(s):  
Developing Countries ◽  
National Security ◽  
Public Order ◽  
Political Rights ◽  
State Of Emergency ◽  
Personal Liberty ◽  
Emergency Powers ◽  
Peace And Security ◽  
Civil And Political Rights ◽  
The Government

There comes a time during the life of almost every nation when situations arise which threaten its peace and security. At such a time the government may need to acquire certain additional powers to help it combat the danger and this is frequently achieved by the declaration of a state of emergency. This enables it to utilise wide-ranging emergency powers and in this situation national security and public order considerations are placed above the constitution. As a result, among the first casualties of an emergency proclamation are the guarantees of personal liberty and protection of the law which are often abrogated or at least severely curtailed.The use of detention without trial during periods of emergency has now become commonplace, particularly in developing countries, a point which is defended by President Nyerere of Tanzania on the grounds that:“Our Union has neither the long tradition of nationhood, nor the strong physical means of national security, which older countries take for granted. While the vast mass of people give full and active support to their country and its government, a handful of individuals can still put our nation in jeopardy, and reduce to ashes the efforts of millions.”The need for a nation to protect itself in this way cannot be denied and this is widely recognised. For example, Article 4 of the International Covenant on Civil and Political Rights (1966) recognises the rights of governments

scholarly journals The Role of Public Organizations in Ensuring National Security of Ukraine

2020 ◽  
Vol 37 (65) ◽  
pp. 136-155
Author(s):  
Olena V. Kovalova ◽  
Maksym V. Korniienko ◽  
Yurii V. Pavliutin
Keyword(s):  
Public Sector ◽  
National Security ◽  
Methodological Approach ◽  
Public Organizations ◽  
Active Participation ◽  
The State ◽  
Information Control ◽  
The Public

This article aims to identify the forms of participation of public organizations in national security. The basic methodological approach of the research is the analysis and generalization of the normative legal support and the scientific works that allowed to systematize and characterize the existing forms of participation of public organizations to guarantee the national security of Ukraine. The article emphasizes the importance of the influence of public organizations in the state of national security and the importance of a comprehensive and coordinated approach to involve public organizations in national security, generalizes and describes the forms of participation of public organizations to guarantee national security through the lens of the main forms of their interaction with the authorities of the organizations (information, control, consultation, active participation), the legal and organizational directions to strengthen the role of civil organizations in guaranteeing the National security. It is concluded that this type of research has practical value for representatives of the authorities and the public sector on possible ways to improve the role of public organizations to guarantee national security.

scholarly journals “Governance” em Tempo de Pandemia: Um Enquadramento Filosófico

2020 ◽  
Vol 14 ◽  
pp. 141-155
Author(s):  
Orlando Coutinho ◽  
◽  
Keyword(s):  
Social Space ◽  
The State ◽  
The Political ◽  
Health Issues ◽  
Human Beings ◽  
State Of Emergency ◽  
Political Actors ◽  
Western Democracies ◽  
The Way

The way in which an unknown virus has moved from a local to a global case, taking on a pandemic outline, has caused significant changes in the lives of all human beings. Firstly, for that reason, it is unknown, then because behind the ignorance comes mistrust and fear. Nowadays, these ingredients are - in the political-social space - substance for the biggest factors of action and decision of the actors of the power. Have we been in a war context, as some have said? Was confinement, global and so prolonged, really necessary? Was decreeing a state of emergency essential? Were the exception measures proportional? And are they reversible? This article aims, in the way of the ideas of several authors that thinking about the political philosophical role of health contexts, of exception state, and of political control of the State, in face of public health issues and not only, understand the “state of the art” in the way of governing western democracies, in the firstly, but flying over other geographies and systems as the virus has assumed global contours. And, by means of the concrete measures, politically adopted, by the different political actors, what real impacts they had on the life and the institutions working, and on the psychology of the persons individually or socially considered.

scholarly journals The role of intellectual property in security defense capacity of the state.

2021 ◽  
pp. 42-68
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Scientific Publications ◽  
Military Equipment ◽  
Military Security ◽  
The Military ◽  
State Modernization

Keywords: defense capability, intellectual property, regulatory support The conceptual issues of the legislation of Ukraine,which determine the state policy in the field of national security and defence, regardingthe settlement of issues related to ensuring the state defence capabilities are considered.The scientific publications on actual questions in this sphere concerningproblems and prospects of increase of defence capability of Ukraine are analysed.The role of intellectual property in all components of Ukraine's defence system hasbeen studied, and it has been noted that unresolved problems in the field of intellectualproperty management pose an increasing threat to Ukraine's national security.The importance of ensuring the protection of intellectual property in the process ofimplementing measures to improve the defence capabilities of the state and the needto improve legislation in this area is defined. Recommendations for improving the regulatory framework for national securityand defence in order to address the problematic issues of intellectual property in thisarea are submitted.State defence capability is the ability of state to defend itself in the event of armedaggression or armed conflict. It consists of material and immaterial elements and is aset of military, economic, social and moral and political potential in the field of defenceand appropriate conditions for its implementation.Resolving the issues of reforming not only the Armed Forces of Ukraine, but firstthe entire state, modernization and rearmament of the Ukrainian army has become avital necessity. Only the solution of this issue will allow to raise the defence capabilityof our state to the proper level for the preservation of independent Ukraine.Ensuring the military security of Ukraine largely depends on equipping the ArmedForces of Ukraine with modern types and models of weapons and military equipment,developed on the basis of intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make claims impossible for anyone in the mass productionof weapons and military equipment for their own needs and for exports, which directlyaffects defence capabilities.And this requires proper protection of intellectual property rights both in theprocess of own production of weapons and military equipment, as well as in militarytechnicalcooperation.

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