Comments on Protection of Human Rights in Emergency Response Law
Emergencies are conflicts between emergency power and emergency power nullification under abnormal state. To properly balance interest boundary between them is the key to legislation. Limitations on human rights in emergencies are means but not the objective; and protection of human rights is the logic precondition and ultimate objective of legislation. The Emergency Response Law establishes human right concept, proportional principle, rule of law, principle of protection of human rights, but lacks principle of minimum standards, principle of constitution reservation and right-relief principle, which shall be legislated and improved.
emergency emergency power protection of human rights
Xianggui Zhu Jun Chen Shuxian Wu Lan Yu
Law School China Three Gorges University Yichang.China Law School China Three Gorges University Yichang,China Emergency Management Research Institute China rhree Gorges University Yichang, China
国际会议
北京
英文
529-532
2011-08-08(万方平台首次上网日期,不代表论文的发表时间)