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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

History and Concepts of Emergency

Giacomo Delledonne

Subject(s):
National emergency — Coup d'état — State of emergency — National security

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. According to standard accounts of constitutionalism, a constitutional framework, specifying the allocation of powers and competences among the several branches of government and procedural and substantial guarantees for the protection of fundamental rights, is designed to provide stability. When ‘national emergency’ arises, the very same constitutional framework may be subject to ad hoc, temporary derogations, aiming at coping with (and resolving) the emergency situation (see also types and effects of emergency ). Under ‘rigid’ constitutional systems ( rigid...
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