Open AccessConstitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency
Author(s) -
Emmanuel Saffa Abdulai
Publication year - 2021
Publication title -
ials student law review
Language(s) - English
Resource type - Journals
ISSN - 2053-7646
DOI - 10.14296/islr.v8i1.5266
Subject(s) - state of emergency , human rights , sierra leone , jurisprudence , political science , realisation , state (computer science) , law , international law , constitutional court , international human rights law , politics , state of exception , sociology , constitution , socioeconomics , physics , algorithm , quantum mechanics , computer science
The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.