A/HRC/4/25 page 21 72. Bearing in mind that the administration of justice is one of the pillars of the rule of law and the democratic system, the defence of justice must be accorded priority when analysing the institutional aspects encompassed by the activities of the United Nations as a whole. 73. Considering the dynamic and leading role now played by national and international associations of jurists to promote an independent judiciary, it would be appropriate for the United Nations to take account of their input and experience in its technical cooperation and other activities relating to the promotion and protection of human rights. Accordingly, the Special Rapporteur intends to work to bring about this rapprochement between the United Nations and judicial circles. 74. Concerning states of emergency, it is imperative that States should bring their domestic legislation and practices into line with international principles, judicial practice and standards relating to the application of states of emergency.21 75. As far as the administration of justice is concerned, it is imperative that legislation relating to states of emergency should in all cases prevent: (a) Measures which invalidate the provisions of the Constitution or basic law and legislation relating to the appointment, mandate and privileges and immunities of members of the judiciary, and their independence and impartiality; (b) Measures which limit the jurisdiction of the courts: (i) to consider whether the declaration of a state of emergency is compatible with the laws, Constitution and obligations under international law, and whether it is unlawful or unconstitutional, in the event of incompatibility; (ii) to consider whether any measure adopted by a public authority is compatible with the declaration of the state of emergency; (iii) to take legal action to ensure the observance and protection of any right enshrined in the Constitution or basic law and in national or international law that is not affected by the declaration of the state of emergency; (iv) to try criminal cases, including offences relating to the state of emergency. 76. Bearing in mind that states of emergency continue to give rise to serious human rights violations, the Special Rapporteur recommends that an international declaration should be drafted which incorporates existing practices and principles and whose purpose is to ensure the observance of human rights and fundamental freedoms during states of emergency. A single text would provide clear guidance for States on how to bring their conduct into line with international law during crisis periods. In this connection, it is recommended that the Human Rights Council should establish a mechanism to draft 21 This refers in particular to the principles set forth in the Special Rapporteur’s 1997 report, and the case law and general comments of the Human Rights Committee, as well as the wealth of case law produced by the regional human rights monitoring bodies.