Chapter 14: State of emergency
This chapter summarizes current constitutional design regarding the state of emergency. It is based on the review of national constitutions and seeks to establish a common ground for writing and amending constitutions. The various types of emergency rules and the procedure for declaring a state of emergency as well as the scope of authorisation and the preconditions of this process are being reviewed. The chapter further investigates the shift of competencies and the length of the state of emergency. In this context it also reviews its legal consequences, legislative control and judicial review of a state of emergency. The principle of non-derogation or limitation, suspension and protection of fundamental rights including the principle of proportionality are assessed throughout. This chapter forms part of Vol. I of Writing Constitutions.