THE REASON AND THE SCOPE OF DEROGATION FROM RIGHT DUE TO THE EMERGENCY THEORY

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MOMENIRAD AHMAD; PETOFT ARIAN; SABETI MOJTABA

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2017 | Volume:47 | Issue:1 Page(s): 201-226

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Title

THE REASON AND THE SCOPE OF DEROGATION FROM RIGHT DUE TO THE EMERGENCY THEORY

Author(s)

MOMENIRAD AHMAD | PETOFT ARIAN | SABETI MOJTABA | Issue Writer Certificate

Keywords

CRISIS SITUATIONSQ1

DEROGATION FROM RIGHTQ2

EMERGENCY THEORYQ2

PUBLIC SECURITYQ1

Abstract

One of the controversial issues in the area of Human Rights is “Emergency Theory”.According to the EMERGENCY THEORY, exercising certain rights in CRISIS SITUATIONS may harm public order and security; so the government will have no choice but temporary derogation from certain citizens’ rights. Such act draws attention: First public order and security take priority over individual rights, and second, the way of justification of derogation from human rights based on the threats to public order and security in emergency situations. Basically, such theory may lead to abuse of power and tyranny which results in individuals rights violation. This paper examines the approaches of EMERGENCY THEORY adherents in order to establish a convincing basis to justify derogation from individual rights in emergency situations; it also determines frameworks and limits of state’s authority in this area.

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APA: Copy

MOMENIRAD, AHMAD, PETOFT, ARIAN, & SABETI, MOJTABA. (2017). THE REASON AND THE SCOPE OF DEROGATION FROM RIGHT DUE TO THE EMERGENCY THEORY. PUBLIC LAW STUDIES QUARTERLY, 47(1), 201-226. SID. https://sid.ir/paper/251121/en

Vancouver: Copy

MOMENIRAD AHMAD, PETOFT ARIAN, SABETI MOJTABA. THE REASON AND THE SCOPE OF DEROGATION FROM RIGHT DUE TO THE EMERGENCY THEORY. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2017;47(1):201-226. Available from: https://sid.ir/paper/251121/en

IEEE: Copy

AHMAD MOMENIRAD, ARIAN PETOFT, and MOJTABA SABETI, “THE REASON AND THE SCOPE OF DEROGATION FROM RIGHT DUE TO THE EMERGENCY THEORY,” PUBLIC LAW STUDIES QUARTERLY, vol. 47, no. 1, pp. 201–226, 2017, [Online]. Available: https://sid.ir/paper/251121/en

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