본문 바로가기
  • Home

The Constitutional Response for the Maintenance of the Existence of the Nation and the Public Peace Study for Securing the Safety Right - Focused on the Idea of the Emergency Power of a Nation and the Change of the Rules -

  • Crisisonomy
  • Abbr : KRCEM
  • 2013, 9(10), pp.125-140
  • Publisher : Crisis and Emergency Management: Theory and Praxis
  • Research Area : Social Science > Public Policy > Public Policy in general

Cha Su Bong 1

1동신대학교 경찰행정학과

Accredited

ABSTRACT

I will examine the history and comparative legal study about the emergency power. This power will take place in case the existence of a nation and the public peace is in great danger ,and it can cause constitutional problems. By stipulating the condition, period and boundary of the power in the Constitution, we can both admit the tyrannic power and limit the abuse of the power. The emergency dealing and ordinance of national finance and emergency ordinance in the Constitution of this republic are considerably different from the emergency measures in the fourth and fifth republic and similar to those of the first republic and the third republic. The president should exercise the emergency power to the necessary minimum. And this power is only admitted when there is an exceptional case which cannot be solved in general ways ,and there is necessity of the urgent restoration of national security. The rule of the emergency power in the Constitution should be strictly interpreted. And Allowing the broad interpretation and the exception cannot be admitted.

Citation status

* References for papers published after 2023 are currently being built.