scholarly journals The concept and essence of a state of emergency as a constitutional institution

2021 ◽  
Vol 3 ◽  
pp. 53-63
Author(s):  
Kshyshtof Ekkhardt
Keyword(s):  
State Of Emergency

“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.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

State of Emergency

2019 ◽  
Author(s):  
S. A. Starostin
Keyword(s):  
State Of Emergency

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.

scholarly journals Contracting for Catastrophe:Legitimizing Emergency Constitutions by Drawing on Social Contract Theory

Res Publica ◽  
2021 ◽  
Author(s):  
Stefan Voigt
Keyword(s):  
Social Contract ◽  
Contract Theory ◽  
Social Contract Theory ◽  
Constitutional Rights ◽  
State Of Emergency ◽  
Half Century ◽  
States Of Emergency ◽  
The World

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.

scholarly journals What Did Angola Learn from the World and What Did the World Learn from COVID-19? Reflection on Epidemiological Surveillance in Health

2020 ◽  
Vol 22 (4) ◽  
pp. 528-540
Author(s):  
Euclides Nenga Manuel Sacomboio
Keyword(s):  
Critical Thinking ◽  
Critical Analysis ◽  
Epidemiological Surveillance ◽  
Professional Experience ◽  
State Of Emergency ◽  
The World ◽  
History Of ◽  
The Government ◽  
Scientific Reflection ◽  
Epidemiological Situation

The global community is racing to slow down and eventually stop the spread of COVID-19, which is a pandemic that has killed thousands of lives and made tens of thousands sick. The new coronavirus has already reached Angola, with 25 confirmed cases, among them 2 died and 6 were cured. The government has decreed a state of emergency on 24 March 2020 for 15 days, which was extended twice for the same number of days that will make it possible to reduce clusters of people and keep them at home. This study reflected on the diverse ways of leadership. It is an article of theoretical, technical and scientific reflection, based on the experience of a new epidemiological situation, with a critical analysis based on technical, scientific and professional experience, with bibliographic input of data obtained from information published in scientific articles, newspapers, magazines and other official documents published in Angola and worldwide related to COVID-19. This article emerged from critical thinking based on the current situation of COVID-19 in Angola in the world and is reflected in this article, what Angola should learn and learned from the experience of other countries that also imported the disease, their history of investment in health, characteristics of their populations, their economies and other aspects.

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