
Contents
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. Constitutional Design/Constitutional Practice II. Constitutional Design/Constitutional Practice
-
III. The Derogation Model III. The Derogation Model
-
IV. Conclusion IV. Conclusion
-
Bibliography Bibliography
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
21 States of Emergency
Get accessDavid Dyzenhaus is Professor of Law and Philosophy, University of Toronto
-
Published:21 November 2012
Cite
Extract
Introduction
States of emergency may play a unique role in constitutional practice and theory.1 As we will see, a comparison of constitutional orders reveals that they have to choose between seeking to entrench in a written constitution, if they have one, rules about how the state may respond to an emergency and leaving such responses to be decided as and when an emergency occurs. Consider, for example, that the US Constitution contains only one clear constitutional prescription for emergencies: Article 1.9, ‘The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.’ In contrast, as we will see below, the German Constitution contains a detailed set of prescriptions for the federal authority’s response to an emergency.
If the first choice is made, there has to be another choice between two models of emergency power: the ‘executive model’, which delegates to the executive the authority to decide on whether there is an emergency and how best to respond to the emergency; and the ‘legislative model’, which requires the legislature to design a legal regime that deals with both of these issues. Whichever is chosen, there has to be yet another choice about the extent to which judicial supervision is part of the emergency regime. Indeed, if judicial supervision is given a very large role, one might see emerging a third basic constitutional model for emergencies—the ‘judicial model’. We will also see that the latter two choices have to be made even when a legal order does not have a constitutionally entrenched emergency regime, whether because there is a minimal or no attempt within the written constitution to regulate emergencies or because the legal order has opted not to have a written constitution.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 89 |
November 2022 | 24 |
December 2022 | 8 |
January 2023 | 17 |
February 2023 | 15 |
March 2023 | 17 |
April 2023 | 25 |
May 2023 | 28 |
June 2023 | 5 |
July 2023 | 12 |
August 2023 | 12 |
September 2023 | 8 |
October 2023 | 14 |
November 2023 | 75 |
December 2023 | 14 |
January 2024 | 22 |
February 2024 | 36 |
March 2024 | 30 |
April 2024 | 59 |
May 2024 | 46 |
June 2024 | 20 |
July 2024 | 6 |
August 2024 | 9 |
September 2024 | 12 |
October 2024 | 15 |
November 2024 | 41 |
December 2024 | 20 |
January 2025 | 15 |
February 2025 | 6 |
March 2025 | 11 |
April 2025 | 14 |
May 2025 | 5 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.