Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements
One of the goals of this paper is to define the most important concepts for the comparative study of the constitutional risk management of the V4 countries. For this purpose, first, it considers the theoretical difficulties of conceptualising emergencies, especially focussing on what kind of respons...
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Cambridge University Press
2025-06-01
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| Series: | European Journal of Risk Regulation |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S1867299X24001016/type/journal_article |
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| author | Zoltán Szente |
| author_facet | Zoltán Szente |
| author_sort | Zoltán Szente |
| collection | DOAJ |
| description | One of the goals of this paper is to define the most important concepts for the comparative study of the constitutional risk management of the V4 countries. For this purpose, first, it considers the theoretical difficulties of conceptualising emergencies, especially focussing on what kind of response can be given to the widespread view that considers emergencies as a kind of legal “black hole” due to their unpredictability. Then a general definition of “emergency” is discussed which is broad and flexible enough to serve as a basis not only for a comparative study but also for the constitutional discourse of emergencies. Constitutional crisis management as a core concept for such an undertaking is also canvassed. After defining the basic concepts essential for evaluation and comparison, the article outlines the general types of emergency regulatory regimes. The development of effective regulatory systems for emergencies also has to face certain problems that every constitutional polity must solve. Finally, the paper summarises assessment criteria necessary for the evaluation and a comparison of the emergency constitutions of different countries. |
| format | Article |
| id | doaj-art-c5997d1fad9b4ce88fa03d7e91939df6 |
| institution | Kabale University |
| issn | 1867-299X 2190-8249 |
| language | English |
| publishDate | 2025-06-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Journal of Risk Regulation |
| spelling | doaj-art-c5997d1fad9b4ce88fa03d7e91939df62025-08-20T13:03:09ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-82492025-06-011637438710.1017/err.2024.101Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law RequirementsZoltán Szente0https://orcid.org/0009-0001-6844-0091HUN-REN Centre for Social Sciences, Budapest, Hungary European University Institute, Fiesole, ItalyOne of the goals of this paper is to define the most important concepts for the comparative study of the constitutional risk management of the V4 countries. For this purpose, first, it considers the theoretical difficulties of conceptualising emergencies, especially focussing on what kind of response can be given to the widespread view that considers emergencies as a kind of legal “black hole” due to their unpredictability. Then a general definition of “emergency” is discussed which is broad and flexible enough to serve as a basis not only for a comparative study but also for the constitutional discourse of emergencies. Constitutional crisis management as a core concept for such an undertaking is also canvassed. After defining the basic concepts essential for evaluation and comparison, the article outlines the general types of emergency regulatory regimes. The development of effective regulatory systems for emergencies also has to face certain problems that every constitutional polity must solve. Finally, the paper summarises assessment criteria necessary for the evaluation and a comparison of the emergency constitutions of different countries.https://www.cambridge.org/core/product/identifier/S1867299X24001016/type/journal_articleconcept of constitutional crisis managementconcept of state of emergencylegal black holerule-of-law criteria |
| spellingShingle | Zoltán Szente Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements European Journal of Risk Regulation concept of constitutional crisis management concept of state of emergency legal black hole rule-of-law criteria |
| title | Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements |
| title_full | Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements |
| title_fullStr | Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements |
| title_full_unstemmed | Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements |
| title_short | Conceptualising State of Emergency, Constitutional Crisis Management and Their Rule-of-Law Requirements |
| title_sort | conceptualising state of emergency constitutional crisis management and their rule of law requirements |
| topic | concept of constitutional crisis management concept of state of emergency legal black hole rule-of-law criteria |
| url | https://www.cambridge.org/core/product/identifier/S1867299X24001016/type/journal_article |
| work_keys_str_mv | AT zoltanszente conceptualisingstateofemergencyconstitutionalcrisismanagementandtheirruleoflawrequirements |