Analyzing the Emergency Institutions from the Perspective of Security Theory

Abstract

Batchimeg Davaajav and Narmandakh Badarch

The main goal of our study highlighted the institution’s legal foundations, its dual impact on democracy and human rights—balancing necessary restrictions with potential risks to civil liberties—and identifies key concerns such as the potential for abuse, the importance of oversight, and the challenges in maintaining democratic norms during emergency situations. The institution of emergency is analyzed from the perspective of security theory, and the nature of the institution of emergency, its legal basis, its impact on democracy and human rights, and issues of concern are summarized.

We suggested our study, the institutional implementation of a state of emergency is deeply influenced by a country’s political, legal, and security frameworks, necessitating a balance between safeguarding state stability and upholding democratic values and human rights. Also, we analyzed emergency powers through security theories highlights their dual potential to address genuine threats while posing risks of rights abuses, underscoring the need for robust legal oversight, enhanced civilian control, and adherence to international best practices to ensure their responsible use.

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