From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024
- Subject(s):
- Constitutions and international law — Rule of law — Judicial review of executive action — Detention — International law — War — National emergency — State of emergency
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani
1 ‘State of war’ (or ‘state of siege’, the two concepts can be used interchangeably) is a particular subcategory of the more general concept of ‘state of emergency’ (history and concepts of emergency; types and effects of emergency). The two may be seen as ‘distinct albeit contiguous legal regimes’ (Cercel 202). It denotes primarily the legal condition to which the entire—or in some cases part of the—state is placed in response to an—actual or imminent—threat against sovereignty, independence, or territorial integrity. This legal condition is anticipated by the...
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