Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
State of emergency, state of exception : a critical investigation
Dissertation (LLM)--University of Pretoria, 2011.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Published: |
University of Pretoria
2013
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613654561587200 |
|---|---|
| access_status_str | Open Access |
| author2 | Van Marle, Karin |
| author_browse | Van Marle, Karin |
| author_facet | Van Marle, Karin |
| collection | Thesis |
| dc_rights_str_mv | © 2010, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2011. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/25219 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:39:35.267Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/25219 State of emergency, state of exception : a critical investigation Van Marle, Karin gerard.emmanuel@gmail.com Kamdem Kamga, Gerard Emmanuel State of emergency UCTD Dissertation (LLM)--University of Pretoria, 2011. <ul>In fact, the exercise of emergency powers is a phenomenon common to both democratic and undemocratic governments, the only difference between the two being the presence or absence of check and balances to prevent the abuse and arbitrary use of the emergency powers by the government.1</ul> In order to interrogate how far a state can go in legitimising arbitrariness, it is important to question whether a juridical system can provide its own suspension, as well as critically assess which scenarios provide for a state of exception or a state of emergency since vagueness can be exploited to the detriment of civil liberties of citizens and the rule of law. The main concern of the study refers to the fact that a state of exception and a state of emergency are the common denominator between the state of law, totalitarian state and authoritarian state. Emergencies situations can be considered as a threat for the enjoyment of human rights and fundamental freedoms, because separation of powers, right to a fair trial and accountability are no longer respected. From a theoretical viewpoint, two conceptions manifest themselves; the first being where a state of exception is located within a juridical order and a second location found within an extra juridical approach. Fundamentally, the nature and the function of the state of emergency and the state of exception have therefore to be contextualised for the purpose of legitimacy, accountability and relevance. Centre for Human Rights unrestricted 2013-09-06T19:54:46Z 2011-06-07 2013-09-06T19:54:46Z 2011-04-11 2011-06-07 2011-06-03 Dissertation Kamdem Kamga, GE 2010, State of emergency, state of exception : a critical investigation, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/25219 > E11/349/gm http://hdl.handle.net/2263/25219 http://upetd.up.ac.za/thesis/available/etd-06032011-145154/ © 2010, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | State of emergency UCTD State of emergency, state of exception : a critical investigation |
| title | State of emergency, state of exception : a critical investigation |
| title_full | State of emergency, state of exception : a critical investigation |
| title_fullStr | State of emergency, state of exception : a critical investigation |
| title_full_unstemmed | State of emergency, state of exception : a critical investigation |
| title_short | State of emergency, state of exception : a critical investigation |
| title_sort | state of emergency state of exception a critical investigation |
| topic | State of emergency UCTD |
| url | http://hdl.handle.net/2263/25219 http://upetd.up.ac.za/thesis/available/etd-06032011-145154/ |