The challenges for the rule of law in the state of emergency and the case of Vietnam during the COVID-19 pandemic

A state of emergency allows authorities to exercise special powers, including the temporary suspension of regular legal provisions and human rights standards. This scenario engenders a conflict between extraordinary powers and the foundational principles of the rule of law. This paper investigates one of the most contentious legal dilemmas concerning emergency powers: whether these powers must be exercised within the bounds of legal constraints. This paper also explores whether ordinary principles of legality apply in situations involving emergency powers. This study aims to examine how this tension is approached from different perspectives. It focuses on discussing the challenges for the rule of law in the state of emergency. It also studies Vietnam’s approach to addressing these challenges during the COVID-19 pandemic.

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Publication Details

Journal
Journal of Infrastructure Policy and Development
Published
2024-09-06
DOI
https://doi.org/10.24294/jipd.v8i9.7497
Primary Topic
Global Political and Economic Relations
Type
article
Field-Weighted Citation Impact
0.00

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article

The challenges for the rule of law in the state of emergency and the case of Vietnam during the COVID-19 pandemic

Minh Tuan Dang, Thi Ai Quynh Hoang
Journal of Infrastructure Policy and Development
Global Political and Economic Relations
article

The challenges for the rule of law in the state of emergency and the case of Vietnam during the COVID-19 pandemic

Minh Tuan Dang, Thi Ai Quynh Hoang
article en

Abstract

A state of emergency allows authorities to exercise special powers, including the temporary suspension of regular legal provisions and human rights standards. This scenario engenders a conflict between extraordinary powers and the foundational principles of the rule of law. This paper investigates one of the most contentious legal dilemmas concerning emergency powers: whether these powers must be exercised within the bounds of legal constraints. This paper also explores whether ordinary principles of legality apply in situations involving emergency powers. This study aims to examine how this tension is approached from different perspectives. It focuses on discussing the challenges for the rule of law in the state of emergency. It also studies Vietnam’s approach to addressing these challenges during the COVID-19 pandemic.

Journal of Infrastructure Policy and DevelopmentVol. 8(9)
Vietnam National University Ho Chi Minh City (VN), Hue University (VN), National Law University, Delhi (IN)
National Foundation for Science and Technology Development
Openalex Percentile: Top 77%
Global Political and Economic Relations
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