From Political Law to Applied Jurisprudence:A Theoretical Analysis of the Inherent Mechanism of Judicial Regulation on the Emergency Administrative Power
The emergency administrative power roots in emergency power, and it is almost impossible to delineate their boundary in theory. Emergency power corresponds to the"exceptional state", which is a matter of fact and sovereignty in the sense of political science, and judicial review shall not be involved. The emergency administrative power corresponds to emergencies. The breadth and intensity of judicial regulation on the emergency administrative power are limited, and its value is not only to restrain the emergency administrative power but also to relieve the civil rights unreasonably derogated. The boundary of emergency administrative power judicial regulation is excessive review, namely legiti-macy review.
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