Derogating Human Rights In The States Of Emergency

From the late 1980's, there are more than one hundred states that have implemented the states of emergency early or late, then crises administration is becoming a knottier problem confronted by each states. It is embodied in the constitutional amendment (2004) that our state will construct a unified emergency law dealing with all sorts of crises or sudden events. At the present time, the respect for the human dignity and the observance of human rights and fundamental freedoms is becoming the order of the day, the international community hence pays high attention to the problem again of how to construct and improve the home and abroad institutions to prescribe more effective the derogation of human rights in the states of emergency, that is a basic problem in our emergency law that should not withdraw from it. Then this dissertation is written on the basis of the academic standpoint of combination of universalism and characteristic theory, and discusses a related series of theoretical questions as follows. Whether the derogation of human rights in the states of emergency is legitimate or not. If yes, then what conditions must be accorded to. If no, then why not. Therefore, the answers for them form the dissertation's core proposition.Firstly, by the means of historical examination, the dissertation clears off the developing and evolving venation of state of emergency, one of institutional facts, then by through the methods of normative demonstration analysis and compare, it concludes the normative connotation of the basic concept of the state of emergency. Successively, on the normative lay, it discusses what is a derogation of human rights in the state of emergency, namely, the composition of a derogation of human rights. In a general way, the composition is divided into the substantive part and the procedural part. The former includes the derogation'subjects, contexts, forms and objects; the later includes the derogation's proclamation, notify, and duration.Secondly, making use of the method of value analysis, through examination to teleology theory and formalism theory, it concludes that all of the two schools'scholars accept the idea that the derogation of human rights in the states of emergency is legitimate or good. Otherwise, the derogation of human rights in the states of emergency is not absolutely effective, and must be accorded to the conditions, that the...