Concentration of Government power to Respond to National Disasters in the New Normal Era

M. Kang
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Abstract

The principle of separation of powers divides the functions of the state into legislative, administrative, and judicial branches and entrusts them to independent state institutions, and controls the power of the state through mutual checks and balances. However, the political situation in the modern state has changed significantly compared to the past, namely, the separation of powers has changed due to the development of the party state, and the administrative and national phenomenon has emerged in which the domain of administrative authority is enlarged and enlarged to fulfill social and national tasks. Meanwhile, due to the recent COVID-19 pandemic response measures, the power fusion phenomenon (the goal of improving the efficiency of the executive branch) has appeared in each country, where the executive and legislative branches are connected, and the French Republic is no exception. In other words, it is an undeniable fact that the fusion of powers contributed greatly to effectively responding to and taking measures against the COVID-19 pandemic, which is called a national disaster. However, the phenomenon of power fusion would be said to have both sides like two sides of a coin. First of all, the power fusion phenomenon on the positive side is that, as mentioned above, when a country faces a national disaster such as the Corona 19 virus pandemic, it can stabilize the situation quickly and without major fluctuations by strengthening the efficiency of the administration. Next, the negative aspects of power fusion have concerns about power concentration and dictatorship, which is directly linked to human rights violations, so the human rights protection system should be strengthened and operated.
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新常态下政府权力集中应对国家灾害
三权分立原则将国家职能划分为立法、行政和司法部门,并委托给独立的国家机构,通过相互制衡来控制国家权力。但是,现代国家的政治形势与过去相比发生了明显的变化,即由于党国的发展,三权分立发生了变化,出现了行政权力领域不断扩大、扩大以完成社会和国家任务的行政民族现象。同时,由于最近的COVID-19大流行应对措施,各国都出现了权力融合现象(以提高行政部门效率为目标),行政和立法部门相互联系,法兰西共和国也不例外。也就是说,对于被称为“国难”的新冠肺炎疫情的有效应对和应对,权力的融合起到了很大的作用,这是不可否认的事实。然而,权力融合的现象可以说像硬币的两面一样具有两面性。首先,权力融合现象的积极一面是,如前所述,当一个国家面临冠状病毒大流行等全国性灾难时,通过加强行政效率,可以迅速稳定局势,不会出现大的波动。其次,权力融合的消极方面有权力集中和独裁的担忧,这与侵犯人权直接相关,因此应加强和运作人权保障体系。
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