Are Constitutional State of Emergency Clauses Effective? An Empirical Exploration
Abstract

We aim to complement the work of legal scholars by investigating the effects of constitutional provisions for states of emergency, on the respect for personal (or physical) integrity rights, in instances in which governments are confronted with domestic crises. Our findings show that such constitutional provisions have an important impact on governments' propensities to abuse such rights. However, these impacts are not always what one might expect, and indeed, our findings suggest that following the recommendations of lawyers groups may actually have a damaging effect on human rights in many instances.