TY - JOUR ID - 61753 TI - The reason and the scope of derogation from right due to the emergency theory JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Momeni-Rad, Ahmed AU - Petoft, Arian AU - Sabeti, Mojtaba AD - Assistant Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran AD - Ph.D. Candidate in Public Law, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran AD - M.A. Student in Public Law, Faculty of Law and Political Sciences, University of Tarbiat Modares, Tehran, Iran Y1 - 2017 PY - 2017 VL - 47 IS - 1 SP - 201 EP - 226 KW - Crisis Situations KW - Derogation from Right KW - Emergency Theory KW - Public Security DO - 10.22059/jplsq.2017.61753 N2 - One of the controversial issues in the area of Human Rights is “Emergency Theory”. According to the emergency theory, exercising certain rights in crisis situations may harm public order and security; so the government will have no choice but temporary derogation from certain citizens’ rights. Such act draws attention: First public order and security take priority over individual rights, and second, the way of justification of derogation from human rights based on the threats to public order and security in emergency situations. Basically, such theory may lead to abuse of power and tyranny which results in individuals rights violation. This paper examines the approaches of emergency theory adherents in order to establish a convincing basis to justify derogation from individual rights in emergency situations; it also determines frameworks and limits of state’s authority in this area. UR - https://jplsq.ut.ac.ir/article_61753.html L1 - https://jplsq.ut.ac.ir/article_61753_ad7b741f2db6cb8c761b6adf72273c6a.pdf ER -