List of sections of the Paris Minimum Stadards as approved by the ILA Conference in Paris 1984 = vii
Foreword by Richard B. Lillich = ix
preface = xii
Introduction = 1
The Paris Minimum Standards: eight years of study by the ILA = 1
The structure of the present study = 7
1. section A Emergency: Declaration, Duration and Control = 11
Public emergency and allied conceps: a generic term = 12
Public emergency envisaged in three different situations = 15
Public emergency resulting from political crises = 22
ILA's defenition of public emergency: four basic elements = 24
Existence of emergency: European precedents = 29
Three general principles to prevent abuse of emergency powers = 36
The threshold issue: the legitimacy of a government competent to declare and maintain emergency = 36
Paris Minimum Standards: the declaration, duration and termination of emergency = 41
Aberrations from reference model = 45
The role of the legislature in an emergency regime = 55
Termination of emergency = 57
The scope of judicial review = 57
1. section B Emergency Powers and the Protection of the Individual = 89
Generak Principles = 89
A: The power to take derogatory measures: five conditions precedent =90
The notification of derogation = 91
The rule of proportionality = 101
Consistency with other international law obligations = 119
The principle of non-discrimination = 121
Non-derogable rights and freedoms = 128
B: The role of the legislature: six norms in the Paris Minimum Standards = 129
C: The importance of an independent judiciary in time of emergency = 130
Undermining its independence: four ways = 131
The role of the judiciary and the independence of the legal profession: the Paris Mimimu, Standards = 139
3. section C Non-Derogable Rights and Freedoms: Darft Articles 1-16 = 143
The priciple of emergency-proof non-derogable rights =143
Paris Minimum Standards: the ILA's dynamic mosaic of sixteen non-derogable rights = 146
Appendices = 265
index = 279
Foreword by Richard B. Lillich = ix
preface = xii
Introduction = 1
The Paris Minimum Standards: eight years of study by the ILA = 1
The structure of the present study = 7
1. section A Emergency: Declaration, Duration and Control = 11
Public emergency and allied conceps: a generic term = 12
Public emergency envisaged in three different situations = 15
Public emergency resulting from political crises = 22
ILA's defenition of public emergency: four basic elements = 24
Existence of emergency: European precedents = 29
Three general principles to prevent abuse of emergency powers = 36
The threshold issue: the legitimacy of a government competent to declare and maintain emergency = 36
Paris Minimum Standards: the declaration, duration and termination of emergency = 41
Aberrations from reference model = 45
The role of the legislature in an emergency regime = 55
Termination of emergency = 57
The scope of judicial review = 57
1. section B Emergency Powers and the Protection of the Individual = 89
Generak Principles = 89
A: The power to take derogatory measures: five conditions precedent =90
The notification of derogation = 91
The rule of proportionality = 101
Consistency with other international law obligations = 119
The principle of non-discrimination = 121
Non-derogable rights and freedoms = 128
B: The role of the legislature: six norms in the Paris Minimum Standards = 129
C: The importance of an independent judiciary in time of emergency = 130
Undermining its independence: four ways = 131
The role of the judiciary and the independence of the legal profession: the Paris Mimimu, Standards = 139
3. section C Non-Derogable Rights and Freedoms: Darft Articles 1-16 = 143
The priciple of emergency-proof non-derogable rights =143
Paris Minimum Standards: the ILA's dynamic mosaic of sixteen non-derogable rights = 146
Appendices = 265
index = 279