States of Emergency

2021 ◽  
pp. 15-29
Keyword(s):  
Res Publica ◽  
2021 ◽  
Author(s):  
Stefan Voigt

AbstractStates of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, both against and in favor of constitutionalized emergency provisions, and that social contract theory—as applied by economists—can be of some help when deciding whether to have, or not to have an emergency constitution. This paper introduces a novel argument for justifying emergency constitutions. It argues that they can serve as a commitment mechanism protecting both citizens and politicians from overreacting to rare but significant threats.


Electronics ◽  
2021 ◽  
Vol 10 (12) ◽  
pp. 1370
Author(s):  
Igor Vuković ◽  
Kristijan Kuk ◽  
Petar Čisar ◽  
Miloš Banđur ◽  
Đoko Banđur ◽  
...  

Moodle is a widely deployed distance learning platform that provides numerous opportunities to enhance the learning process. Moodle’s importance in maintaining the continuity of education in states of emergency and other circumstances has been particularly demonstrated in the context of the COVID-19 virus’ rapid spread. However, there is a problem with personalizing the learning and monitoring of students’ work. There is room for upgrading the system by applying data mining and different machine-learning methods. The multi-agent Observer system proposed in our paper supports students engaged in learning by monitoring their work and making suggestions based on the prediction of their final course success, using indicators of engagement and machine-learning algorithms. A novelty is that Observer collects data independently of the Moodle database, autonomously creates a training set, and learns from gathered data. Since the data are anonymized, researchers and lecturers can freely use them for purposes broader than that specified for Observer. The paper shows how the methodology, technologies, and techniques used in Observer provide an autonomous system of personalized assistance for students within Moodle platforms.


1988 ◽  
Vol 28 (262) ◽  
pp. 38-58 ◽  
Author(s):  
Hans-Peter Gasser

From time to time, States are affected by outbreaks of internal violence. Such upheavals are usually referred to as internal disturbances or tensions, disorders, states of emergency, revolutions or insurrections. These expressions all refer to situations that appear contrary to justice, order, stability and internal peace. There have been many examples of the kind in the past, and we know from the media that they continue to occur. Almost every nation in the world has a history marked by periods of insecurity and protest accompanied by outbreaks of violence.


2021 ◽  
Vol 3(164) ◽  
pp. 143-165
Author(s):  
Piotr Stanisz

The purpose of the present study is to analyse the restrictions on the freedom of religious worship introduced by the Polish executive authorities in the face of the spreading COVID-19 epidemic. The analysis aims to answer questions not only concerning the conformity of these actions with the Constitution of the Republic of Poland and statutory laws, but also pertaining to the issue of the level of preparation of Polish law for an epidemic. In reference to these questions, the author concludes that the introduction of restrictions on the freedom to manifest religion by acts of worship in the regulations issued by the Minister of Health and the Council of Ministers exceeds the bounds of statutory authorisation and is inconsistent with the Polish Constitution. According to the Constitution of the Republic of Poland, passing a law remains the only admissible way of introducing restrictions on the freedom of manifestation of religion, and there are no exceptions to this rule even in states of emergency. On the other hand, the author also points out that if the effectiveness of combating this kind of epidemic really depends on possibility of introducing the above-mentioned restrictions without a long legislative process, it means that Polish executive authorities have been confronted by the constitutional legislator and the legislature with a choice between being efficient and acting in conformity with the Constitution and statutory laws. Therefore, the article postulates that it is necessary to make deep changes to the current law. Elaborating a broad concept of these changes requires further analysis, and the relevant discussion needs to take into account the experience gained so far in combating the coronavirus epidemic, the importance of freedom of thought, conscience and religion, and the solutions adopted in other countries. A clear and balanced, as well as properly sequenced and democratically justified specification of the rules that should be followed by the executive when introducing restrictions related to the spread of the epidemic, even with regard to such important values as the freedom to manifest religion through acts of worship, is undoubtedly more appropriate than formally ruling out the possibility of taking action that may turn out necessary in the future.


1995 ◽  
Vol 7 (2) ◽  
pp. 97-107
Author(s):  
Jennifer Natalya Fink
Keyword(s):  

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