紧急状态:论政府权力的滥用

Emergencies: on the misuse of government powers

Public Choice · 2021
被引 23 · 同刊同年前 10%
ABS 3

中文导读

研究发现,宪法赋予行政部门的紧急权力越多,自然灾害导致的死亡人数反而越高,且紧急状态越易启动,对基本人权的负面影响越大。

Abstract

Nine out of 10 constitutions contain explicit emergency provisions, intended to help governments cope with extraordinary events that endanger many people or the existence of the state. We ask two questions: (1) does the constitutionalization of emergency provisions help governments to cope with disasters and other extraordinary events? (2) What particular parts of emergency constitutions fare best? We find that the more advantages emergency constitutions confer to the executive, the higher the number of people killed as a consequence of a natural disaster, controlling for its severity. As this is an unexpected result, we discuss a number of potential explanations, the most plausible being that governments use natural disasters as a pretext to enhance their power. Furthermore, the easier it is to call a state of emergency, the larger the negative effects on basic human rights. Interestingly, presidential democracies are better able to cope with natural disasters than parliamentary ones in terms of lives saved, whereas autocracies do significantly worse in the sense that empowerment rights seriously suffer in the aftermath of a disaster.

公共财政政治学公共管理宪法学灾害管理