Emergency Powers最新文献

To Regulate, or Not to Regulate? A Study on the State of Exception and Its Regulation 管还是不管?例外状态及其规制研究

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-75

Lukáš Kollert

{"title":"To Regulate, or Not to Regulate? A Study on the State of Exception and Its Regulation","authors":"Lukáš Kollert","doi":"10.5771/9783845298610-75","DOIUrl":"https://doi.org/10.5771/9783845298610-75","url":null,"abstract":"One cannot get rid of the state of exception simply by turning a blind eye to any legal consideration of this institution or by deleting it from codes of law.1 While in times of stability politicians as well as theorists may be under the impression that they do not need to be concerned with it, for obvious reasons the situation changes dramatically when a crisis occurs. The pressure exerted on public authorities under such circumstances is immense. History shows us that in crises public authorities often take the steps considered necessary, even when lacking explicit legal authorization.2 Given that (i) such extra-legal actions as well as actions based on codified emergency powers may pose a threat to the rights and freedoms of citizens and possibly also to the democratic Rechtsstaat, and (ii) every state may sooner or later be confronted with a (severe) crisis,3 it is vital to consider how to reduce the risks associated with crises and states of exception and whether regulating the latter in positive law is beneficial or rather detrimental.4 For obvious reasons, discussing the issue of the state of exception is crucial in the first place in connection with the Rechtsstaat.5 Whereas in an abI.","PeriodicalId":371523,"journal":{"name":"Emergency Powers","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127065462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Titelei/Inhaltsverzeichnis Titelei /目录。

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-1

引用次数: 0

The German Discussion on the State of Exception and Constitutional Provisions on States of Emergency 德国关于例外状态和关于紧急状态的宪法规定的讨论

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-125

Eckart Klein

{"title":"The German Discussion on the State of Exception and Constitutional Provisions on States of Emergency","authors":"Eckart Klein","doi":"10.5771/9783845298610-125","DOIUrl":"https://doi.org/10.5771/9783845298610-125","url":null,"abstract":"The state of exception, or however it is called, has always fascinated lawyers. To overcome an anomalous political and/or military situation confronting a State will in many cases require means not available under normal circumstances. How far should the law go in order to cope with such situations? Should it provide any exceptional means at all? How can abuses be avoided? How can the return to normalcy be assured? What can a State do in an emergency if the law has not made available special instruments, or existent provisions prove to be insufficient? May a State derogate from legal rules without being authorized by an express constitutional provision? How far do international rules determine the declaration and application of a state of exception?1 These general questions impact any discussion on the state of exception, and should be thought of before such a situation arises. The first part of my paper will present a general overview of the treatment of the state of exception under the constitutions of the German Empire, the Weimar Republic and the Basic Law, thus covering a period of time from 1871 to the present. Particular focus will be placed on legal debates concerning respective provisions. In the second part of this paper, I shall present the different states of emergency as determined by the German Basic Law and will particularly discuss to what extent the armed forces may be called in, fundamental rights affected and political and legal control mechanisms exist. A general assessment concludes my deliberations. I.","PeriodicalId":371523,"journal":{"name":"Emergency Powers","volume":"183 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125162516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The State of Exception and Limits of the Rule of Law 例外状态与法治的限制

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-43

Vojtěch Belling

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引用次数: 0

Exceptionality in Law 法律中的例外

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-101

J. Kysela

引用次数: 1

Glossary of German Expressions 德语词汇表

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-157

引用次数: 1

The Exceptional Case in Situations of Normalcy 正常情况下的例外情况

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-29

Otto Depenheuer

{"title":"The Exceptional Case in Situations of Normalcy","authors":"Otto Depenheuer","doi":"10.5771/9783845298610-29","DOIUrl":"https://doi.org/10.5771/9783845298610-29","url":null,"abstract":"The latest attacks by Islamic terrorists – in Nizza, Berlin, Barcelona and elsewhere – create a existential challenge for the free constitutional nations of the West simply by virtue of the fact that their goal is to provoke, attack, disintegrate and eventually destroy the self-directed understanding and the values of these nations – peace, freedom, equality, brotherhood, etc. – in the name of an atavistic belief. Until now, the societies affected by this challenge have accepted it with amazing serenity. Still, it may well be only a question of time – that is, of the number and intensity of future attacks – when this serenity comes to an end and is brusquely replaced by anxiety and panic. That will put politics under massive pressure to act and to “somehow” come up with an appropriate, quick and effective response to prevent future perils. Then, if not sooner, the frequent claim of politicians that one-hundred-percent certainty is impossible to achieve will fail to provide a persuasive argument for not implementing the maximum possible number of preventive measures. The fairly tenuous legitimization of the State’s lack of activity by the slogan “freedom cannot be saved by doing away with it” refuses to confront the fact that the point of preventing peril is to ensure security so that freedom can develop effectively. Thus, security is a precondition making effective freedom possible. The opponent we are facing does not present rational and verbal arguments; rather, he kills, violently and indiscriminately, with the aim of arousing and spreading shock and fear in the population. In the face of this scenario, Jürgen Habermas’s theory of communication – which maintains strong influence over German political thought, and which believes that every political conflict can be transformed into a peaceful discussion – has finally been unmasked as a naive “fair-weather philosophy”. By leaving unanswered the elementary question as to how one can start a dialogue with a jihadist consciously unI.","PeriodicalId":371523,"journal":{"name":"Emergency Powers","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127888690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On the Validity of Law with Respect to the Exceptional Case 论例外情况下的法律效力

Emergency Powers Pub Date : 1900-01-01 DOI: 10.5771/9783845298610-11

Josef Isensee

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引用次数: 2