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- State of Emergency: A Legal Concept in Theory and Practice
This essay explores the legal foundations, justifications, limitations, and potential risks associated with the state of emergency, analyzing its implications for democracy and the rule of law
- Emergency Powers for Good - scholarship. law. wm. edu
Emergency powers are widely, and justly, criticized as threats to the rule of law In the United States, forty-three declared emergencies give the executive vast authority to exercise power unencumbered by standard legal and procedural requirements
- Oxford Public International Law: Emergency, State of
The Paris Minimum Standards of Human Rights Norms in a State of Emergency, adopted in 1984 by the International Law Association (ILA), also take the view that a threat to the life of the whole population in a specific area may justify proclamation of a state of emergency in that area alone
- National Emergency Powers - Congress. gov
The National Emergencies Act (50 U S C §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President’s declaration and the activated authority
- STATES OF EMERGENCY AND THE RULE OF LAW: A PRIMER
Governments must take swift actions to fight the virus, but all emergency me asures must be con-stitutional and foreseen by law or a decree that is subject to parliamentary confirmation
- A Guide to Emergency Powers and Their Use - Brennan Center for Justice
Presidential declarations of national emergency are governed by the National Emergencies Act, which went into effect in 1978 Under this law, the president has significant discretion to declare a national emergency; there are no statutory limitations, beyond the word “emergency” itself, on what type of event qualifies The law provides that a national emer-gency will terminate after a year
- American University Law Review
Using a unique dataset of the APA cases that arose during the first two years of the COVID-19 pandemic, I show how federal judges invalidated emergency administration that unjustifiably violated the APA in over half of the cases
- Rethinking the Federal Emergency Powers Regime
In 2019, President Trump declared an emergency at the southern border after Congress declined to fund his wall; critics responded with legal challenges and proposed reforms to the statute he invoked, the National Emergencies Act (NEA)
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