| Abstract [eng] |
The states constantly face a lot of dangerous threats and challenges that are reasons for introducing the state of emergency, and it was noted that legal regulation of a state of emergency has expanded. Although a state of emergency can be essential for the survival of a state and lead to violations of the rule of law, democracy and human rights, there is no unanimous opinion on the concept of a state of emergency and legal regulation that would be compatible with the constitutional system. Therefore the purpose of this research is to analyse the legal grounds for a state of emergency in the Western Legal Tradition. In this context, the legal grounds for a state of emergency are understood in this work not only as concrete rules, which form the framework of a state of emergency, but they also include the origin, development of legal regulation of a state of emergency norms and changes in the inter-disciplinary context. After determining the origins of a state of emergency, its basic elements, theoretical models, and performing the analysis of international public law and comparative analysis of foreign constitutional law, the research results are adapted to systematically study legal regulation of a state of emergency of the Republic of Lithuania and to identify the aspects requiring improvement. At the end of the thesis proposals are put forward to the Lithuania’s legislator concerning the possible improvement of legal regulation. |
