State Of Emergency Under The Constitutional Validity Study

Nowadays,unexpected incidents have been soaring,which bring terrible influence to normal order of country and life and property's safety of citizen.Public Emergency serves as a kind of regulation in order to reply the state of crisis,which now is accepted by more and more countries.The law of Public Emergencies is based on the relation of the country(government) and the society(citizen) and focuses on the reset of their rights(powers) and obligations.So in Public Emergency,constitution still has its supreme power,which regulates the relationship of the government and citizen.The law of Public Emergencies must eliminate two dangers:the danger of emergency itself and the danger of the abuse of emergency powers.The law of Public Emergencies is coexistent and interdependent with the normal law.In Public Emergency,in order to reply the state of crisis,resume society' orders rapidly,emergency powers emerge.On one side,its high efficiency and validity would make country go through the crisis successfully,on the other side,emergency powers break the balance of the old structure of powers,brings harmful influence to constitutionalism.Even the abuse of emergency powers and absent of supervision would damage human rights seriously.Meanwhile in Public Emergency, constitutional power would be influenced;the main content of constitution is controlling the power of government and protecting the human rights.In Public Emergency,the core question is the relationship of the law of public emergency and constitution,Constitution is the base of one country's order,and the law of public emergency is legality of public emergency,including adoption of emergency powers,change of power's structure and restriction of human rights.But emergency powers make both of them change at some degrees,constitutional power changes as well.In Public Emergency,the appearance of emergency powers could lead to change of powers,including two meanings at least,the first is powers' arranging in lateral, which is temporary,not divides ion of powers,in particular the powers of parliament, government,court and army.The second is arranging the powers of the center and local again.In human rights,in public emergency,in order to reply public emergency, emergency powers is reasonable,meanwhile for the public security,public health, public morals,public order,human rights could be restricted,which is need of emergency powers,the restriction could end all or a part of rights.But the restriction must be restricted too,which is determined by the purpose of government,and the purpose is human's life,security,property and welfare.But in reality,emergency powers' expansion must influence human rights seriously.So in order to reply constitutionalism,protect human rights;defend the power of constitution,it's necessary to set the restriction of human rights,the Priceline and procedure.Comparing with ordinary law,Constitution has supreme power,which is the fundamental trait.The basis of law is fundamental basis of the emerging of law,and the reason,basis of Constitution in Public Emergency,constitution is law too,so it must have the trait of ordinary law,but why do we research the supreme power in Public Emergency? First the constitution has the supreme power in its form, originates from the self-authorization of the constitutional law,and in its real sense, originates from the needs of protecting human rights.Behind the self-authorization,it is the public powers,meanwhile Mr.Mojihong says that in order to protect the emergency powers' property,in Public Emergency,constitution must not be suspended,it must exist in form.He solves this question from the angle of constitution's logic,his idea is that constitution can not disappear while authorizes its power,so it is reasonable that constitution must exist in form.So in Public Emergency,constitution has the supreme power and its power must be realized.Protecting human rights and restricting powers is the most reflection of constitution's power,is core mind of constitutionalism,which must have supreme power in any terms.Although constitution's supreme power is not testified,in reality, the formulation in constitution is just declaring in some sense,its reality depends the running in reality.Having constitution is not meaning the reality of constitutionalism, its reality depends the change from paper to reality.If the mind,principle,formulation of constitution are challenged by many parties,so the constitution is just one paper.So the protection of the power of constitution is to revise the restriction of human rights.One side is to revise emergent measures,the other is the decision of Public Emergency.Some people think the decision of Public Emergency is not the logic deduction in law but a value judge in political.Many countries eliminate the decision of Public Emergency from the scope of justice revision,and it is more reasonable and operative if adoption of emergent measures accepts justice revision.So parliament revises the decision of Public Emergency,the revision of parliament,justice revision and restriction of right make the constitutional power be realized jointly.