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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

History and Concepts of Emergency

Giacomo Delledonne

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

National emergency — Coup d'état — State of emergency — National security

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

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 to cope with (and to resolve) the emergency situation (see also types and effects of emergency). Under ‘rigid’ constitutional systems (rigid...
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