Legal and Extra-Legal Models of States of Emergency

The institution of states of emergency has acquired a new dimension with the development of states with a democratic system. Their feature is episodic and juridical. These states can be triggered by exogenous and/or endogenous factors. They are introduced in order to counteract the threat to the security of the state, its integrity and care for the welfare of the nation. During their duration, the role of the executive increases and civil rights and freedoms are restricted. In the article emphasis is placed on the models of the powers of government in states of emergency. The approaches of David Dyzenhaus and Oren Gross and Fionnual Ní Aoláin are presented. The thesis of the article is that the sources of power of the authorities in the period of extraordinate states have not only a legal basis, but are also located outside the law.