Are urgența regulile ei?
Has the emergency its own rules?
Author(s): Radu RizoiuSubject(s): Philosophy of Law, Sociology of Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: rules;state of emergency;rule of law;
Summary/Abstract: The paper reopens the famous dispute on the ‘state of exception’ from a citizen’s perspective. Is the rule-giver immune to the rule he enacted? The finding is that the rule should be observed by the ruler in the first place in order to give an example to the others. Also, it is explored the dialectic tension between the self-respecting rules and rules that needs to be sanctioned by the State’s agents. While no rule could be placed in one single category, it is the right combination between drafting rules easy to comply with and imposing penalties proportionate with the infringement that will ensure a stable legal system.
Journal: AUBD – Forum juridic
- Issue Year: 2020
- Issue No: 1
- Language: Romanian