Blog of the International Journal of Constitutional Law

Tag: emergency powers

  • Vietnam: Emergency Powers in Time of Pandemic and the Role of the Written Constitution

    —Le Nguyen Duy Hau, Attorney at Law This blog post seeks to inform about a new constitutional development in Vietnam surrounding an enabling act formally vesting the Prime Minister (“PM”) with unprecedented emergency powers, and how such an event could provide meaningful suggestions in further research into Vietnam’s constitutional law.

  • The Tatmadaw’s 1 February Actions are not an Emergency but a Coup

    —Andrew Harding, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore In the early morning of 1 February 2021 the Myanmar military, the Tatmadaw, fulfilled what had been threatened for several days, by arresting the President and other leading civilian officials, and declaring an emergency and their taking over of the country.

  • ICON Volume 18, Issue 2: Editorial

    Orbán and the self-asphyxiation of democracy; Publishers, academics and the battles over copyright and your rights, Part I; Festschrift? ‘That which is hateful to you, do not do to your fellow! That is the whole Torah; the rest is interpretation’ (from the Elder Hillel in Babylonian Talmud, Shabbat 31a); In this issue Orbán and the self-asphyxiation of democracy It came as no big surprise that Orbán has used COVID-19 to dismantle further the checks and balances that are an integral part of any functioning democracy.

  • COVID-19 and the Bound Executive

    —Tom Ginsburg, University of Chicago, and Mila Versteeg, University of Virginia The COVID-19 pandemic has prompted a wide variety of governmental responses as it makes its way around the globe, and scholars have been tracking them from many different angles. In a new paper, we argue that the pandemic response should modify our understanding about the exercise of emergency powers. 

  • Human Rights in Africa in the Context of Covid-19

    –Sean Molloy, Research Associate, Newcastle Law School, Newcastle University In response to Covid-19, countries across Africa are declaring a state of emergency (these include Botswana, Sierra Leone, Liberia, Botswana, Ethiopia and Senegal, to name a few). Doing so allows the authorities, in times of urgent necessity, to take actions necessary to safeguard national security, maintain law and order, protect citizens’ lives and property, keep essential public services working, concentrate relief resources and direct them to the areas of greatest need, and in general to restore normality.

  • The Role of Constitutional Justice in Times of Crisis: The Case of Ecuador

    —Andrés Cervantes, Pompeu Fabra University As I write these lines, I am thinking about the complex situation that Ecuador is currently facing because of the national emergency declared over the aggressive progression of the Covid-19 pandemic. However, some of the thoughts expressed here may be also relevant to other Latin-American nations as the Global South shares some structural features: extreme poverty, weak standards on the rule of law, distrust of the political system and a growing disinterest on democracy.[1]

  • How COVID-19 Unveils the True Autocrats: Viktor Orbán’s Ermächtigungsgesetz

    —Gábor Halmai, European University Institute At a conference held at the London School of Economics and Political Science (LSE) in London on 20-21 May 1967, Isaiah Berlin used the term ‘false’ populism, defining it as “the employment of populist ideas for the ends other than those which the populist desired.

  • COVID-19 and the Basic Law: On the (Un)suitability of the German Constitutional “Immune System”

    —Pierre Thielbörger, Professor, and Benedikt Behlert, Research Associate and PhD student, both at Institute for the International Law of Peace and Armed Conflict (IFHV); Ruhr-Universität Bochum  [Editor’s Note: This is a translation of a German-language post from Verfassungsblog, which can be found here.

  • The Hamartia of the Constitutional Court of Turkey: Part I

    — Dr. Ali Acar, Ph.D. in Law, European University Institute Introduction The dismissals of so many academics by an emergency decree in early February has sparked, once again, a public debate concerning the controversial judgments of the Constitutional Court of Turkey delivered on October 12, 2016, which dealt with the emergency decrees adopted after the disastrous coup attempt of July 15, 2016.

  • On Abusive Constitutionalism: Two Critical Impulses

    —Jorge González-Jácome, Universidad Javeriana, Bogotá, Colombia The relationship between constitutionalism and authoritarianism is not simple. Some might argue that they are opposing concepts but a very suggestive article by David Landau has coined the term abusive constitutionalism to refer to the use of tools of constitutional amendment and constitutional replacement used by would-be autocrats to undermine the democratic order and perpetuate their own power.