Open AccessConstitutional Theories of Emergency Powers and their Limits: Perspectives from Vietnam, India and Canada
Author(s) -
Sébastien Lafrance,
S. C. Bedi,
Hannah De Gregorio Leão
Publication year - 2021
Publication title -
vietnamese journal of legal sciences
Language(s) - English
Resource type - Journals
eISSN - 2719-5872
pISSN - 2719-3004
DOI - 10.2478/vjls-2021-0006
Subject(s) - state of emergency , legislature , state (computer science) , political science , attribution , separation of powers , law and economics , law , sociology , politics , mathematics , psychology , social psychology , algorithm
This paper seeks to examine the available constitutional models of theories of emergency powers. Part I of the paper traces the historical origins and the subsequent development of emergency states, drawing lessons from the works of Machiavelli, Schmitt, Rossiter, Rousseau... Part II presents and discusses some of the most important contemporary theories of emergency powers that propose different views and perspectives on the central issue of the attribution and exercise of State powers in times of emergency, i.e., either in the hands of the executive, the legislative or the judicial branch of the state, and why. Part III illustrates the concerns pertaining to emergency powers by looking at examples of three specific countries, namely Vietnam, India and Canada.