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@article{ART001902538},
author={BAEK YUN CHUL},
title={The National Emergency Power in the England},
journal={Public Land Law Review},
issn={1226-251X},
year={2014},
volume={66},
pages={495-514}

TY - JOUR
AU - BAEK YUN CHUL
TI - The National Emergency Power in the England
JO - Public Land Law Review
PY - 2014
VL - 66
IS - null
PB - Korean Public Land Law Association
SP - 495
EP - 514
SN - 1226-251X
AB - A state of emergency is a governmental declaration that announces that the country is in a state of emergency. This means that the government can suspend and/or change some functions of the executive, the legislative and or the judiciary during this period of time. It alerts citizens to change their normal behaviour and orders government agencies to implement emergency plans. A government can declare a state of emergency during a time of natural or man-made disaster, during a period of civil unrest, or following a declaration of war or situation of international/internal armed conflict. Justitium is its equivalent in Roman law. It can also be used as a rationale for suspending rights and freedoms, even if those rights and freedoms are guaranteed under the Constitution. Some countries do not have an embedded Constitution such as the United Kingdom, New Zealand and Israel. Legislation covers a state of emergency in these countries. Under the protocol of the ICCPR, rights and freedoms may be suspended during a state of emergency, for example, a government can detain citizens and hold them without trial. All rights that can be derogated from are listed in the International Covenant for Civil and Political Rights. Some sources argue that non-derogable rights cannot be suspended.[ In the United Kingdom, the British Sovereign, the Privy Council, or the Prime Minister is able to proclaim emergency regulations under the Civil Contingencies Act 2004 in case of any seriously fatal threats to their human welfare, their human society, and their environment such as; warfare or terrorism. These regulations last for seven days unless confirmed otherwise by Parliament. A state of emergency had been last invoked in 1974 by Prime Minister Edward Heath in response to increasing industrial action.
KW - Constitution;nation's emergency competence;exercising vigilance;Material law;fundamental right
DO -
UR -
ER -

BAEK YUN CHUL. (2014). The National Emergency Power in the England. Public Land Law Review, 66, 495-514.

BAEK YUN CHUL. 2014, "The National Emergency Power in the England", Public Land Law Review, vol.66, pp.495-514.

BAEK YUN CHUL "The National Emergency Power in the England" Public Land Law Review 66 pp.495-514 (2014) : 495.

BAEK YUN CHUL. The National Emergency Power in the England. 2014; 66 495-514.

BAEK YUN CHUL. "The National Emergency Power in the England" Public Land Law Review 66(2014) : 495-514.

BAEK YUN CHUL. The National Emergency Power in the England. Public Land Law Review, 66, 495-514.

BAEK YUN CHUL. The National Emergency Power in the England. Public Land Law Review. 2014; 66 495-514.

BAEK YUN CHUL. The National Emergency Power in the England. 2014; 66 495-514.

BAEK YUN CHUL. "The National Emergency Power in the England" Public Land Law Review 66(2014) : 495-514.