UNTAPPED OPPORTUNITIES: FACTS (ABOUT THE STATE OF EMERGENCY AND MARTIAL LAW IN UKRAINE AT THE BEGINNING OF 2014)

2015 ◽  
Vol 6 (6_1) ◽  
pp. 18
Author(s):  
Oleg Valentinovich ZIBOROV
Keyword(s):  
The State ◽  
Martial Law ◽  
State Of Emergency

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 Judicial oversight and the impact of laws to prevent liability

2020 ◽  
Vol 9 ◽  
pp. 259-270
Author(s):  
Median Jamal Al Mahasneh ◽  
Mohamad Baraa Basel Abuanzeh
Keyword(s):  
The State ◽  
Customary Law ◽  
Administrative Authority ◽  
Martial Law ◽  
State Of Emergency ◽  
Legislative Authority ◽  
Executive Authority ◽  
The Law ◽  
The Right ◽  
The Impact

The authority based on martial law or the state of emergency is accustomed to issuing legislation that works to prevent the judiciary from considering its actions that are in implementation of the customary law, and that is either during the establishment of exceptional circumstances or after its expiry meaning that it prevents individuals from resorting to the judiciary to challenge their exceptional authority Authorized to it according to the texts governing the exceptional circumstances (). The most dangerous thing that the legislative or executive authority usually does regarding a state of emergency is what it issues from laws or instructions called the laws of inclusive (laws of lifting responsibility) even though the correctness of its name in estimating some of them should be the laws of exemptions from implications (). This is because this immunization according to these laws will inevitably lead to the inability of any victim to resort to the judiciary, in the event that those who implement martial law or the state of emergency exceed their competences entrusted to them under exceptional circumstances. The Raising the Liability Law or the Implications Law is defined as legislation whose purpose is to legitimize actions that were at the time of their unlawful act, and to exempt the persons who are subject to them from the responsibility of assaulting the law, and this is what Jordan and other countries followed like France and Egypt, and that was in times of declaring martial law and a state Emergency. The methods of immunization vary and its extent varies, it may be partially preventing the appeal of cancellation or requesting the suspension of the implementation of the administrative decision only, so individuals are permitted to even seek compensation for the damage caused by the immune decision, and it may be totally, thus giving the administrative decision total immunity, whether in terms of cancellation or suspension of execution or Compensation, and it may be an absolute immunization, as it stipulates that the decision may not be appealed in any way of appeal before any judicial or administrative authority, and the immunization may be proportional, that is, with regard to preventing the appeal of the decision before the judiciary with the assignment of jurisdiction in relation to it to an administrative authority or committee, In terms of the immunization tool, it may be either by a law issued by the legislative authority, and this is the overwhelming majority, and it may be inferior to the law, such as regular systems such as customary management instructions in Jordan .   In this paper, I will discuss the position of the judiciary in Jordan and the comparative judiciary regarding these legislations. To determine the impact of these laws on the right of individuals to seek legal redress when they are harmed through two topics:

scholarly journals Ograniczenie działalności telekomunikacyjnej w stanie wojennym i stanie wyjątkowym

2016 ◽  
Vol 106 ◽  
pp. 217-229
Author(s):  
Paweł Kłusek
Keyword(s):  
Economic Activity ◽  
The State ◽  
Martial Law ◽  
State Of Emergency

LIMITATION OF TELECOMMUNICATIONS ACTIVITY DURING MARTIAL LAW AND THE STATE OF EMERGENCYTelecommunications activity is apeculiar kind of economic activity. In specific situations, this activity might be subject to limitation. An example of such situations are the circumstances regulated in chapter XI of Polish Constitution, in which the freedom of carrying out telecommunications operations might be limited. This article consists of the description of the types of telecommunications activity and the regulations and laws governing martial law and the state of emergency — which allow the limitation on telecommunications activity.

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

Japanese-language videos on YouTube as a source of public health information for COVID-19 (Preprint)

2020 ◽  
Author(s):  
Takeo Yasu
Keyword(s):  
Public Health ◽  
Health Information ◽  
Scientific Evidence ◽  
The State ◽  
Video Content ◽  
Sources Of Information ◽  
State Of Emergency ◽  
Public Health Information ◽  
Youtube Videos ◽  
Spread Of Infection

BACKGROUND Serious public health problems, such as the COVID-19 pandemic, can cause an infodemic. Sources of information that may cause an infodemic include social networking services; YouTube, which consists of content created and uploaded by individuals, is one such source. OBJECTIVE To survey the content and changes in YouTube videos that present public health information about COVID-19 in Japan. METHODS We surveyed YouTube content regarding public health information pertaining to COVID-19 in Japan. YouTube searches were performed on March 6, 2020 (before the state of emergency), April 14 (during the state of emergency), and May 27 (after the state of emergency was lifted), with 136, 113, and 140 sample videos evaluated, respectively. The main outcome measures were: (1) The total number of views for each video, (2) video content, and (3) the usefulness of the video. RESULTS In the 100 most viewed YouTube videos during the three periods, the number of videos on public health information in March was significantly higher than in May (p = .02). Of the 331 unique videos, 9.1% (n = 30) were released by healthcare professionals. Useful videos providing public health information about the prevention of the spread of infection comprised only 13.0% of the sample but were viewed significantly more often than not useful videos (p = .006). CONCLUSIONS Individuals need to take care when obtaining information from YouTube before or early in a pandemic, during which time scientific evidence is scarce.

The Principles of State Governance of the German Democratic Republic

2020 ◽  
Vol 1(21) ◽  
pp. 37-51
Author(s):  
Grzegorz Kuźnik
Keyword(s):  
German Democratic Republic ◽  
Democratic Republic ◽  
The State ◽  
State Of Emergency ◽  
State Institutions ◽  
German States ◽  
East German ◽  
State Governance ◽  
Council Of Ministers ◽  
National Defence

The aim of this article is to present the principles underlying the political system in force in the German Democratic Republic between 1949 and 1990, with a particular emphasis on the issue of the state of emergency law. The article describes the two Constitutions from 1949 and 1968 and the state institutions established under them, including the GDR People's Chamber, the Council of Ministers, the GDR State Council and the National Defence Council. It also discusses the constitutional solutions within the scope of the emergency law. The legal basis for the protection of the border between the two then existing German states was also considered. This article is based on the two East German Constitutions, other legal acts and on the principles of East German and Polish doctrine. The article consists of an introduction, three parts and a summary.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

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