A Study Of Human Rights Derogation In The US State Of Emergency

The United States is one of the earliest countries ruled by law in the world.The theory,system and practice of human rights derogation in the emergency state of the United States have an important impact on the human rights protection system of other countries and international laws.Emergency state and human rights protection is one of the major theoretical and practical problems facing China.It is particularly important and urgent to study and draw lessons from the human rights derogation system of other countries in the world,especially the United States.In the course of more than 200 years' history,the United States has been faced with wars,terrorism,natural disasters,public health events and other emergencies,which threaten national security.The United States has established a state of emergency system.In the state of emergency,in order to maintain national security,on the one hand,we need to give the state the right of emergency,so that the state can take special measures to deal with the crisis.On the other hand,the state emergency power is expansionary,which breaks the balance between state power and civil rights.In order to solve the contradiction and conflict between emergency right and human rights protection,the United States has established the human rights derogation system.Human rights derogation is a temporary restriction on the scope and extent of human rights protection for the efficient exercise of national emergency rights in emergency.This paper mainly studies the human rights derogation system in the United States under emergency,which is divided into five parts.The first part mainly introduces the background and significance of the study of the human rights derogation system in the United States emergency,the review of the research status at home and abroad,and the research ideas and methods of this paper.The second part analyzes and studies the human rights Derogation in the United States under emergency,expounds the relationship between emergency and human rights protection,the legal basis,basis and review mechanism of human rights derogation,and looks at the characteristics of American human rights derogation system from the perspective of international law.The third part studies the practice and cases of human rights derogation from different states of emergency,summarizes the evolution and development of human rights derogation system,the distribution and exercise of national emergency rights,the specific human rights and degree of derogation,and how to remedy human rights after derogation.The fourth part analyzes and evaluates the evolution of human rights derogation,emergency law,administrative power expansion and judicial review.The fifth part summarizes the experience and lessons of the human rights derogation system in the United States,and summarizes the Enlightenment of the human rights derogation theory and system to other countries.This paper holds that the human rights derogation system in the United States of America under the state of emergency better deals with the relationship between the state emergency right and human rights protection,puts forward the theory of human rights derogation,and establishes the human rights derogation system.At the same time,it should be noted that the human rights derogation system in the United States is not perfect,but also has many defects.When dealing with the relationship between emergency and human rights protection,China should formulate emergency law,strengthen the supervision of administrative emergency power,and improve the post relief system of human rights protection.