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

Year: 2024

Type: article

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.

Source: Journal of Infrastructure Policy and Development

DOI: 10.24294/jipd.v8i9.7497

Authors: Minh Tuan Dang, Thi Ai Quynh Hoang

Institutions: VNU University of Law, Hue University

Language: English

Topic: Legal, Health, Environmental and COVID-19 Challenges

Subfield: Public Health, Environmental and Occupational Health

Field: Medicine

Domain: Health Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

Funder: National Foundation for Science and Technology Development