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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Suspension of Political Rights

Nils Schaks

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
January 2021

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 10 October 2024

Subject(s):
Suspension — Civil and political rights — National emergency — State of emergency — National security — State of necessity

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

1 The suspension of political rights can be defined as the temporary loss of those rights that are considered to be political. The idea underpinning the suspension of rights can be described as utilitarian. If rights can no longer be protected to their full extent due to exceptional circumstances, they should be suspended temporarily in order to rapidly restore the initial status (Ferejohn and Pasquino 210–11). To give a recent example, the bans and other restrictions on gatherings can be lifted once the COVID-19 pandemic is contained. Armed conflict or...
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