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2021 Vietnamese J. Legal Sciences 1 (2021)

handle is hein.journals/vemsjl2021 and id is 1 raw text is: sciendo Vietnamese Jounal of Legal Sciences, Vol. 04, No. 01, 2021, pp. 01-33 DOI: 10.2478/vjls-2021-0006 1 CONSTITUTIONAL THEORIES OF EMERGENCY POWERS AND THEIR LIMITS: PERSPECTIVES FROM VIETNAM, INDIA AND CANADA SEBASTIEN LAFRANCE* Public Prosecution Service of Canada Email: seblafrance1975@gmail.com SHRUTI BEDI** University Institute of Legal Studies, Panjab University, India Email: dr.shrutibedi@gmail.com HANNAH DE GREGORIO LEAO*** Law student, PUC-Rio, Brazil Email: hanleone@gmail.com Abstract This paper seeks to examine the available constitutional models of theories of emergency powers. Part I of the paper traces the historical origins and the subsequent development of emergency states, drawing lessons from the works of Machiavelli, Schmitt, Rossiter, Rousseau... Part II presents and discusses some of the most important contemporary theories of emergency powers that propose different views and perspectives on the central issue of the attribution and exercise of State powers in times of emergency, i.e., either in the hands of the executive, the legislative or the judicial branch of the state, and why. Part III illustrates the concerns pertaining to emergency powers by looking at examples of three specific countries, namely Vietnam, India and Canada. Keywords: emergency powers, constitutional law, Vietnam, India, Canada LL.M. Candidate (Laval University), LL.B. (Universite du Quebec ' Montreal), B.Sc. in Political Science (University ofMontreal); currently Crown Counsel (Prosecutor) for the Public Prosecution Service of Canada; former parttime Professor of Law teaching various subjects (University of Ottawa). He was a clerk for the Honorable Marie Deschamps of the Supreme Court of Canada (2010-2011) and also Counsel at the Law Branch of the Supreme Court of Canada (2011-2013). He also was a clerk for the Honorable Michel Robert, Chief Judge of the Quebec Court of Appeal (2008-2009). He is a public speaker since 2010 on various legal issues in twenty countries so far, including many times in Vietnam. He has published numerous book chapters and articles in Australia, Canada, France, India, Indonesia, the United Kingdom and Vietnam in English, French and Vietnamese. He is a hyperpolyglot. This work was prepared separately from this author's employment responsibilities at the Public Prosecution Service of Canada. The views, opinions and conclusions expressed herein are personal to this author and should not be construed as those of the Public Prosecution Service of Canada or the Canadianfederal Crown. Professor of Law (Dr.) at University Institute of Legal Studies (UILS), Panjab University (PU), Chandigarh; Co-Ordinator, Department of Law, University School of Open Learning, PU; Director, Centre for Constitution and Public Policy, UILS, PU; and a TED-x speaker. She has authored two books on Counter Terrorism (2009 & 2016); and co-edited four books including judicial Review: Process, Powers and Problems (CUP 2020); Taking Bail Seriously (Lexis Nexis 2020). She has published numerous articles in international and national legal journals, books, etc. and has lectured at international and national forums including universities in England, Canada, Brazil and Vietnam. Law student at Pontifical Catholic University of Rio de Janeiro (PUC-Rio). She received a scholarship from the Tutorial Law Education Program on constitutional law (PET-JUR/ PUC-Rio). She is currently an executive committee member of the Public International Law Litigation Society (PILLS).

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