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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Types and Effects of Emergency

Alan Greene

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 February 2020

Subject(s):
National emergency — State of emergency — Administrative procedures — Legislative power — Suspension — Special legislation — Legislative procedure — Executive order — Executive power

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. The problem of emergency has existed since time immemorial. These crises may challenge the very existence of a state, amounting to what international human rights law refers to as ‘a threat to the life of the nation’. This entry will explore how states attempt to deal with these emergencies through specific provisions contained in their constitutions. Rather than offering a comprehensive quantitative analysis of recurring patterns in constitutions, this article will instead lay out what are the key assumptions of what will be termed the ‘emergency paradigm’ and...
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