University of Miami International and Comparative Law Review
Abstract
This note compares the short-term benefits and long-term consequences of emergency powers using examples from several countries and offers solutions to mitigate those consequences. Historically, emergency powers were only granted in times of true crises. In those circumstances, emergency powers can serve an important purpose: to help the government run smoothly and efficiently. Unfortunately, permanent power grabs are now more common and the standard for what constitutes an emergency has weakened severely, often resulting in civil rights infringements. Possible solutions to this problem include understanding the negative effects of sunset clauses in emergency acts, increased awareness of manufactured emergencies, encouraging a heightened judicial review during emergencies, and clearly defining the scope of emergency powers in constitutions.
Recommended Citation
Savannah Valentine,
Emergency Powers: Understanding the Benefits While Mitigating the Consequences,
30 U. MIA Int’l & Comp. L. Rev.
164
(2023)
Available at:
https://repository.law.miami.edu/umiclr/vol30/iss2/7