Comments on protection of human rights in Emergency Response Law

摘要

Emergencies are conflicts between emergency power and emergency power nullification under abnormal state. To properly balance interest boundary between them is the key to legislation. Limitations on human rights in emergencies are means but not the objective; and protection of human rights is the logic precondition and ultimate objective of legislation. The Emergency Response Law establishes human right concept, proportional principle, rule of law, principle of protection of human rights, but lacks principle of minimum standards, principle of constitution reservation and right-relief principle, which shall be legislated and improved.