On The Derogation Of The Basic Rights Of Citizens Under The State Of Emergency

Heller once said that the two pillars of modern ethics are the fair constitution and the decency of modern people.In the face of the threat of emergencies,the biggest difference between feudal society and modern society is whether to use the power of the rule of law to resolve crises.Risks cannot be avoided,but we can decide which attitude to choose to eliminate risks.In order to maintain social order as soon as possible,emergency power needs to get rid of the restriction of power under the conventional constitutional order,but this does not mean that it has the qualification to transcend the constitution.The question to be discussed in this article is how to let the emergency power fulfill its duties in a state of emergency,but also to maximize the protection of the fundamental rights of citizens.This is of great significance for improving the modern rule of law.This article is mainly divided into four chapters.The first chapter mainly introduces the connotation of emergency and derogation of rights.Starting from the development process of the state of emergency,the meaning of the state of emergency at this stage is defined and the characteristics of the state of emergency are analyzed.Introducing the issue of derogation of rights,mainly from two aspects: the theoretical premise of the establishment of derogation of rights and the connotation of derogation of rights.The second chapter mainly analyzes why the emergency power needs to derogate the basic rights.At the same time,it emphasizes that starting from pragmatism,the emergency power should be expanded according to new threats.Finally,it emphasizes that the derogation of basic rights should also comply with certain limits.The third chapter mainly starts from the emergency system and practice of the United States,Europe and international human rights conventions,and analyzes the general experience of emergency systems.In the last chapter,the author thinks about the derogation of fundamental rights in a state of emergency in China.Based on the analysis of the current legislative situation and problems,the author proposes that my country needs to formulate a special emergency law,and points out The principles to be followed in the operation of emergency powers and the scope of derogation of fundamental rights.