Footnotes (145)



Providing for the Unexpected: Constitutional Emergency Provisions

Oren Gross

University of Minnesota Law School

Israel Yearbook on Human Rights, Vol. 33, p. 13, 2003

The article seeks to examine some of the general patterns with respect to treating emergencies as they are reflected in domestic constitutional arrangements. The article explores existing constitutional emergency arrangements of over seventy countries around the world, attempting to classify some of the important attributes of such constitutional arrangements into meaningful categories. Specifically, the article examines the various constitutional options with respect to such questions as: (1) how (and whether) to define a state of emergency in the constitutional document; (2) who has the power and authority to declare a state of emergency (and to terminate such a declaration); (3) what political and judicial control (if any) exists under the constitutional framework over the use of emergency powers; and (4) what are the legal ramifications of declaring a state of emergency with respect, for example, to the protection of individual rights and civil liberties and the possibility of suspending the constitution, in whole or in part.

Number of Pages in PDF File: 31

Keywords: Emergency Powers, Constitutional Law

Accepted Paper Series

Download This Paper

Date posted: January 5, 2004  

Suggested Citation

Gross, Oren, Providing for the Unexpected: Constitutional Emergency Provisions. Israel Yearbook on Human Rights, Vol. 33, p. 13, 2003. Available at SSRN: http://ssrn.com/abstract=475583

Contact Information

Oren Gross (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South, #430
Minneapolis, MN 55455
United States
612-624-7521 (Phone)
612-625-2011 (Fax)
HOME PAGE: http://www.tc.umn.edu/~gross084
Feedback to SSRN

Paper statistics
Abstract Views: 3,299
Downloads: 552
Download Rank: 25,391
Footnotes:  145

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.375 seconds