Citizendia

For other uses, see State of emergency (disambiguation).

A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties. thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government. Such declarations usually come during a time of natural disaster, during periods of civil unrest, or following a declaration of war (therefore, in democratic countries many call this martial law, most with non-critical intent). A natural disaster is the consequence of a Natural hazard (eg Civil disorder, also known as civil unrest, is a broad term that is typically used by law enforcement to describe one or more forms of disturbance caused by a group of people A declaration of war is a formal performative Speech act or signing of a document by an authorised party of a government in order to initate a state of War Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice Justitium is its equivalent in Roman law. Justitium is a Concept of Roman law, equivalent to the declaration of the State of emergency. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting

In some countries, the state of emergency and its effects on civil liberties and governmental procedure are regulated by the constitution, or a law that limits the powers that may be invoked during an emergency or rights suspended. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society It is also frequently illegal to modify the emergency law or Constitution during the emergency.

Contents

Use and viewpoints

Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely as long as the regime lasts. A dictatorship is usually defined as an autocratic Form of government in which the Government is ruled by a Dictator. In some situations, martial law is also declared, allowing the military greater authority to act. Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking

For State parties that are signatories to the International Covenant on Civil and Political Rights (ICCPR), Article 4 permits States to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". The International Covenant on Civil and Political Rights is a United Nations Treaty based on the Universal Declaration of Human Rights, created in Any measures derogating from obligations under the Convention, however, must only be to the extent required by the exigencies of the situation and must be announced by the State party to the Secretary-General of the United Nations.

Some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. Political philosophy is the study of questions about the City, Government, Politics, Liberty, Justice, Property, Rights Carl Schmitt ( July 11 1888 April 7 1985) was a German Jurist, Political theorist, and professor of Law Sovereignty is the exclusive Right to control a Government, a country, a people or oneself In State of Exception (2005), Giorgio Agamben has criticized this idea, arguing how the mechanism of the state of emergency deprives certain people of their civil rights, producing his interpretation of homo sacer. Giorgio Agamben (born 1942 in Rome) is an Italian philosopher who teaches at the Università IUAV di Venezia. Giorgio Agamben (born 1942 in Rome) is an Italian philosopher who teaches at the Università IUAV di Venezia. Homo sacer (Latin for "the sacred man" is an obscure figure of Roman law: a Person who is banned, may be killed by anybody but may

State-of-emergency law in selected countries

Australia

State-of-emergency legislation differs in each State of Australia.

In Victoria, the Premier can declare a state of emergency if there is a threat to employment, safety or public order. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier. A declared state of emergency allows the Premier to immediately make any desired regulations to secure public order and safety, under the Public Safety Preservation Act. However, these regulations expire if Parliament does not agree to continue them within 7 days. Also, under the Essential Services Act, the Premier (or delegate) may operate or prohibit operation of, as desired, any essential service (e. g. transport, fuel, power, water, gas).

New Zealand

The government and local city council may, at some stages, issue a state of emergency through the region. For the government of parliamentary systems see Executive (government. A city council is a form of Local government, usually covering a City or other Urban area, such as a Town. This may suspend ordinary work and essential services if need be. The State of emergency in New Zealand does not have an expiry date. However, the acting Prime Minister or local Mayor may lift the state of emergency after an initial review of the regions status.

Canada

The federal government of Canada can use the Emergencies Act to invoke a state of emergency. The politics of Canada function within a framework of Constitutional monarchy and a federal system of parliamentary government with strong democratic The Emergencies Act is an Act of the Parliament of Canada to authorize the taking of special temporary measures to ensure Safety and Security A national state of emergency automatically expires after 90 days, unless extended by The Governor In Council. [1] There are different levels of emergencies, Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency. [2] The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act (enacted in August 1914 replaced by the Emergencies Act in 1988 was a Canadian Statute that allowed the government to assume sweeping The War Measures Act has been invoked three times in Canadian history, most controversially during the FLQ Crisis. The War Measures Act (enacted in August 1914 replaced by the Emergencies Act in 1988 was a Canadian Statute that allowed the government to assume sweeping The October Crisis was a series of dramatic events triggered by two terrorist Kidnappings of government officials by members of the A state of emergency can also be declared by provincial, territorial, and municipal governments. [3]

Denmark

The police chief in a district can impose a zone where people can be body searched without a specific suspicion. Such an order must be issued in writing and imposed for a limited period. It must also be published. The police law - article 6 regulates this area [4]. The normal procedure calls for assisting the suspect to a private area and strip them [5].

If the police feels that a situation involving a lot of people can get out of hand, they can call for mass arrest of all people in a area and detain them for six hours without charging them. It is called a plecluding arrest. This area are covered in article five in the Danish police law. It is used at least one time per month at some soccer matches. Association football, more commonly known as football or soccer, is a Team sport played between two teams of eleven players and is widely considered The police law - article 5 regulates this area.

Egypt

Egyptians have been living under an Emergency Law (Law No. This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics. 162 of 1958) since 1967, except for an 18-month break in 1980. The emergency was imposed during the 1967 Arab-Israeli War, and reimposed following the assassination of President Anwar Sadat. Background Suez Crisis aftermath The Suez Crisis of 1956 represented a military defeat but a political victory for Egypt AssassiNation is the sixth album by Krisiun, released in 2006 on Century Media. The law has been continuously extended every three years since 1981. Under the law, police powers are extended, constitutional rights suspended and censorship is legalized. Censorship is the suppression of speech or deletion of communicative material which may be considered objectionable harmful or sensitive as determined by a censor [1] The law sharply circumscribes any non-governmental political activity: street demonstrations, non-approved political organizations, and unregistered financial donations are formally banned. A demonstration is an historically and geographically common form of Nonviolent action by groups of people Some 17,000 people are detained under the law, and estimates of political prisoners run as high as 30,000. A political prisoner is someone held in Prison or otherwise detained perhaps under House arrest, for his or her involvement in political activity [2]

France

Three main dispositions concern various kind of "state of emergency" in France: article 16 of the Constitution of 1958 allows, in time of crisis, "extraordinary powers" to the President. The current Constitution of France was adopted on October 4, 1958. Article 36 of the same Constitution regulates "state of siege. " Finally, the April 3, 1955 Act allows the proclamation, by the Council of Ministers, of the "state of emergency" (état d'urgence). The distinction between article 16 and the 1955 Act concerns mainly the repartition of powers: whereas in article 16, the executive power basically suspend the regular procedures of the Republic, the 1955 Act permits a twelve-days state of emergency, after which a new law prorogating the emergency must be voted by the Parliament. These dispositions have been used at various times, in 1955, 1958, 1961, 1988 and 2005 (see below).

The state of emergency in France is framed by the Constitution of 1958, which states that it can be decreed by the Président de la république in the Council of Ministers, but has to be confirmed by Parliament in order to be held after 12 days. This article is about the country For a topic outline on this subject see List of basic France topics. The current Constitution of France was adopted on October 4, 1958. The President of the French Republic (Président de la République française colloquially referred to in English as the President of France, is France 's elected State of emergency gives authorities the power to:

It may also give the military authority the power to act in place of civilian authorities, if a decree specifies it explicitly. A curfew can be one of the following An order by a Government for certain persons to return home daily before a certain time Censorship is the suppression of speech or deletion of communicative material which may be considered objectionable harmful or sensitive as determined by a censor It is unclear though how some of the legal possibilities can be implemented currently, because of various legal changes since the 1950s.

Furthermore, article 16 of the Constitution gives the possibility, in exceptional cases, to give "extraordinary powers" to the head of government, leading to an effective "state of exception":

When the institutions of the Republic, the independence of the nation, the integrity of its territory, or the fulfillment of its international commitments are under grave and immediate threat and when the proper functioning of the constitutional governmental authorities is interrupted, the President of the Republic shall take the measures demanded by these circumstances after official consultation with the Prime Minister, the Presidents of the Assemblies, and the Constitutional Council. The Prime Minister of France ( Premier ministre français) in Fifth Republic is the functional Head of the government and Council of Ministers The Constitutional Council ( Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958
He shall inform the nation of these measures by a message.
These measures must be prompted by a will to ensure within the shortest possible time that the constitutional governmental authorities have the means of fulfilling their duties. The Constitutional Council shall be consulted with regard to such measures.
Parliament shall meet ipso jure. Ipso jure is a Latin phrase directly translated as By operation of law.
The National Assembly may not be dissolved during the exercise of emergency powers. The French National Assembly. The other is the Senate ( “Sénat”)

The conditions are both that the state is confronted to exceptional circumnstances and that the regular institutions are disrupted and can not effectively govern. [6] This amendment to the Constitution of the Fifth Republic has been qualified as "liberticide" by critics. See also Government of France The Fifth Republic is the fifth and current republican constitution of France, which was introduced on [6] Used in 1961 during the Algerian War, the regular order of the Republican institutions were quickly restored after its invocation on April 23, 1961 — and was thus abusively prolonged by Charles de Gaulle, mainly to create judicial institutions (such as courts of exception, etc. The Algerian War ( French: Guerre d'Algérie; 1954-1962 also known as Algerian War of Independence, led to Algeria 's independence from Charles André Joseph Marie de Gaulle ( ( 22 November 1890 – 9 November 1970) was a French General and statesman who led the Free French ). [6]

In the judgment Rubin de Servens, of March 2, 1962, the Conseil d'État judged that he could not pronounce itself on the invocation of article 16, as that constituted an "act of government. This article is about the present-day French institution For institutions with the same name during the Ancien Régime in France see Conseil du Roi. " Furthermore, the State Council considered that it could only pronounce itself on reglementary texts, but not on legislative acts carried out during this period. Thus, a legislative measure (despite the fact that it is not precised what role the Parliament may have, but only that it is not to be dissolved) which breach fundamental liberties can not be appealed against before the Conseil d'État. [6]

Article 36 of the Constitution is concerned with the state of siege. A state of emergency is a governmental declaration that may suspend certain normal functions of government alert citizens to alter their normal behaviors or order government agencies The latter can be decreed by the Council of Ministers for a period of twelve days. Afterwards, its prorogation request the approval of the Parliament. The state of siege may be declared in case of an "imminent peril resulting from a foreign war [guerre étrangère, or simply "war"] or an armed insurrection (une insurrection à main armée). An insurgency is a violent internal uprising against a sovereign government that lacks the organization of a revolution [7] Police powers are then transferred to military authorities, if the latter judge it necessary. Fundamental liberties may be restricted, such as the right of association, or legalization of searches in private places day and night, the power to expel people who have been condemned for common law matters or people who do not have residency on the territory, etc.

Since 1955, four states of emergency have been decreed:

In 1972, the Common Program of the Left (issued from an alliance between the Socialist Party and the Communist Party) proposed to repeal article 16. The Socialist Party ( Parti Socialiste, PS is the largest left-wing political party in France. The French Communist Party ( French: Parti communiste français or PCF) is a political party in France which advocates the principles of François Mitterrand's program in 1981 did not include this proposition. François Maurice Adrien Marie Mitterrand ( 26 October 1916 8 January 1996 served as President of France from 1981 to 1995 elected as representative of the Socialist However, the Socialist government of Pierre Bérégovoy did include a reform of this article in its project of Constitutional reform in 1992. Pierre Eugène Bérégovoy (23 December 1925 – 1 May 1993 was a French Socialist politician of Ukrainian origin But the project was not implemented. Also in 1992, the Vedel Commission created by François Mitterrand proposed to give to the Conseil Constitutionnel (Constitutional Council), on the concerted initiative of the President of the Republic and the presidents of the Assemblies, the mission to observe that the conditions requested for the use of article 16 were in fact gathered. François Maurice Adrien Marie Mitterrand ( 26 October 1916 8 January 1996 served as President of France from 1981 to 1995 elected as representative of the Socialist The Constitutional Council ( Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958 [6] So far, no modification to the original article have been enacted.

Germany

The Weimar Republic constitution allowed states of emergency under Article 48 to deal with rebellions. The term Weimar Republic ( ˈvaɪmarɐ repuˈbliːk is used by historians to signify the democratic and Republican period of Germany from 1919 to 1933 Article 48 was an article in the constitution of the Weimar Republic of Germany ( 1919 &ndash 1933) that allowed the Chancellor to rule Article 48 was invoked numerous times during the 14-year life of the Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliamentary majority. TalkParliament#Screen-size. -->A  parliament is a Legislature, especially in those

After the February 27, 1933 Reichstag fire, an attack blamed on the communists, Adolf Hitler declared a state of emergency using Article 48, and then had president von Hindenburg sign the Reichstag Fire Decree, which suspended the Weimar Constitution for the whole duration of the Third Reich. Events 1560 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation Year 1933 ( MCMXXXIII) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. On 27 February 1933, the Reichstag building was subject to an arson attack and as a result seen as the pivotal event in the establishment of Nazi Germany Communism is a Socioeconomic structure that promotes the establishment of an egalitarian, classless, stateless Society based Hi and welcome to Wikipedia! Please understand that this article is frequently vandalized and vandalism is reverted immediately Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg ( known universally as Paul von Hindenburg ( ( October 2, 1847 &ndash August 2 The Reichstag Fire Decree (Reichstagsbrandverordnung is the common name of the Order of the Reich President for the Protection of People and State issued by German president For a detailed discussion of the English translation of Reich, see Reich. Nazi Germany and the Third Reich are the common English names for Germany under the regime of Adolf Hitler and the National Socialist German Workers Therefore, the Weimar Constitution wasn't repealed by Nazi Germany, but simply "indefinitely suspended". Nazi Germany and the Third Reich are the common English names for Germany under the regime of Adolf Hitler and the National Socialist German Workers After the prohibition of the Communist Party of Germany (KPD) on March 1, 1933, the NSDAP had hands free to vote the March 23, 1933 Enabling Act, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag. The Communist Party of Germany ( German Kommunistische Partei Deutschlands &ndash KPD) was a major political party in Germany between 1918 Events 86 BC - Lucius Cornelius Sulla, at the head of a Roman Republic army enters in Athens, removing the Tyrant Year 1933 ( MCMXXXIII) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. The, officially National Socialist German Workers' Party, ( abbreviated NSDAP) was a Political party in Germany between 1919 and 1945 Events 1174 - Jocelin, Abbot of Melrose, is elected Bishop of Glasgow. Year 1933 ( MCMXXXIII) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. The Enabling Act ( in German) was passed by the Reichstag ( Germany 's parliament on March 23, 1933 and signed These two laws signaled the implementation of the Gleichschaltung; the Nazis institution of totalitarianism. Gleichschaltung, meaning "coordination" "making the same" "bringing into line" is a Nazi term for the process by which the Totalitarianism (or totalitarian rule) is a concept used to describe Political systems where a State regulates nearly every aspect of public and private

In the postwar Federal Republic of Germany, the Notstandgesetze (amendments to the Constitution passed on May 30, 1968 as a reaction to the resistance of the Ausserparlamentarische Opposition (APO), the extraparliamentary opposition, despite fierce opposition by the German student movement) states that some of the basic constitutional rights of the Grundgesetz may be limited in case of a state of defence (war), a state of tension (uprisings), or an internal state of emergency or disaster (catastrophe). Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The German Emergency Acts were passed on 30 May 1968 at the time of the First Grand Coalition between the Social Democratic Party of Germany Events 1416 - The Council of Constance, called by the Emperor Sigismund a supporter of Antipope John XXIII burns Jerome of Prague following Year 1968 ( MCMLXVIII) was a Leap year starting on Monday (link will display full calendar of the Gregorian calendar. The German student movement (also called 68er-Bewegung, movement of 1968, or soixante-huitaires) was a Protest movement that took place during The Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland is the Constitution of Germany.

Hong Kong

Standing Committee of the National People's Congress can declare state of emergency and deploy troops from the Hong Kong Garrison under "Law of the People's Republic of China on the garrisoning of the Hong Kong Special Administrative Region". The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's The Hong Kong Garrison was a British and Commonwealth force that protected Hong Kong.

The Chief Executive of Hong Kong along with the Executive Council can prohibit public gatherings, issue curfew orders, prohibit the movement of vessels or aircraft and appoint special constable all under Chapter 245 "Public Order Ordinance" of Hong Kong Law. The Chief Executive of Hong Kong ( is the head of Hong Kong Government and the principal representative of the Hong Kong. The Executive Council of Hong Kong ( ExCo,) is an organ in the Executive branch of the political structure of Hong Kong. A curfew can be one of the following An order by a Government for certain persons to return home daily before a certain time

Hungary

According to the Hungarian Constitution the National Assembly of Hungary can declare state of emergency in case of armed rebellion, natural or industrial disaster. Hungary (Magyarország 'mɔɟɔrorsaːg) officially in English the Republic of Hungary ( Magyar Köztársaság, literally Magyar (Hungarian Republic The National Assembly of Hungary ( Országgyűlés) is the national Parliament of Hungary. It expires after 30 days, but can be extended. Most civil rights can be suspended, but basic human rights, like right to live, ban of torture, freedom of religion can not.

During state of emergency, the Parliament can not be disbanded.

India

Main article: State of Emergency in India

In India, an external state of emergency was declared three times during wars:

In 1975 Prime Minister of India Indira Gandhi declared a state of internal emergency (the Indian Emergency (1975 - 77)) after she was indicted in a corruption scandal and was ordered to vacate her seat in the Indian Parliament, allowing herself to rule by decree till 1977. See also Indian Emergency (1975–1977 A State of emergency in India refers to a period of governance under an altered The Sino-Indian War ( Hindi: भारत-चीन युद्ध Bhārat-Chīn Yuddh) also known as the Sino-Indian Border Conflict, was a war between The Indo-Pakistani War of 1965 was a culmination of Skirmishes that took place between April 1965 and September 1965 between India and Pakistan. The Indo-Pakistani War of 1971 was a major military conflict between India and Pakistan. The Prime Minister of India is head of the Council of Ministers, appointed by the President to assist the latter in the administration of the affairs of the executive Indira Priyadarshini Gandhi ( Indirā Priyadarśinī Gāndhī) ( Née: Nehru (19 November 1917 - 31 October 1984 was the Prime Minister of the See also State of Emergency in India The Indian Emergency of June 1975–21st March 1977 was a 21-month period when President The Parliament of India (or Sansad) is the federal and supreme Legislative body of India. A decree is an order made by a Head of state or government and having the force of Law. India made great economic strides during the two year emergency period, but political opposition was heavily suppressed. Civil liberties were suspended and a mandatory birth control program was introduced by the government. thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government. Confident about her chances of getting reelected, Indira Gandhi relaxed the emergency and released dissidents. Indira Priyadarshini Gandhi ( Indirā Priyadarśinī Gāndhī) ( Née: Nehru (19 November 1917 - 31 October 1984 was the Prime Minister of the She then was trounced by a grand coalition in the 1977 elections. A grand coalition is a Coalition government in a Multi-party Parliamentary system where the two largest political parties unite in a coalition

Ireland

According to Article 28. 3. 3. of the Constitution of Ireland, "no article of the Constitution may be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law". The Constitution of Ireland (Bunreacht na hÉireann came into force on 29 December 1937 after having been passed by a national plebiscite the previous July The Oireachtas (ɛrʲaxt̪ˠasˠ is the "national parliament" or Legislature of Ireland, sometimes referred to as Oireachtas Éireann. The time of war or armed rebellion includes actions outside the state itself, and is not limited in time to the duration of the war or armed rebellion. A state of emergency was declared in 1939 at the outbreak of the Second World War, though Ireland was not a participant (The period was and is referred to as The Emergency in Ireland). World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The Emergency (Ré na Práinne was an official Euphemism used by the Irish Government during the 1940s to refer to its position during World War II. This state of emergency was not technically lifted until 1972, and was succeeded by a second state of emergency to deal with the Troubles in Northern Ireland, which lasted until the IRA ceasefire in 1994. Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of The Irish Republican Army ( IRA) (Óglaigh na hÉireann was a military organisation descended from the Irish Volunteers, established 25 November 1913 and who

Malaysia

Main article: Malayan Emergency

In Malaysia, if the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect. The Malayan Emergency was a State of emergency declared by the British colonial government of Malaya in 1948 and lifted in 1960 as well as an insurrection and For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and [8]

In the history of Malaysia, a state of emergency was declared, not by the Yang di-Pertuan Agong, but by the then colonial government of Britain. The Yang di-Pertuan Agong is the highest ranking office created by the constitution of the federation of Malaysia The state of emergency lasted from 1948 until 1960 to deal with the communists led by Chin Peng. The Malayan Communist Party ( MCP) was founded in 1930 Illegal from the outset it advocated an end to British colonial rule and was active in forming Trade Chin Peng ( Traditional Chinese: 陳平 Simplified Chinese: 陈平 Mandarin Chén Píng (born 1924

However, the European Commission's envoy to Malaysia, Thiery Rommel, has told Reuters by telephone on November 13, 2007, the last day of his mission that, "Today, this country still lives under (a state of) emergency. Events 1002 - English king Ethelred orders the killing of all Danes in England, known today as the St Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. "[9] Although it is not officially proclaimed a state of emergency in Malaysia, the Emergency Ordinance and the Internal Security Act had allowed detention for years without trials.

Spain

In Spain there are three degrees of state of emergency (estado de emergencia in Spanish): alerta (alert), excepción (exception[al circumstance]) and sitio (siege). Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. They are named by the constitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law). The Constitution of Spain is regarded as the culmination of the Spanish transition to democracy. An organic law or Fundamental law is a Law or system of laws which forms the foundation of a Government, Corporation or other organization's

United Kingdom

In the United Kingdom the Monarch or the Privy Council or the Prime Minister can make emergency regulations under the Civil Contingencies Act 2004 if there is a serious threat to human welfare, the environment, or in case of war or terrorism. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom The Civil Contingencies Act 2004 is a United Kingdom Act of Parliament that gives the British government wide-ranging powers in an emergency These regulations last for seven days unless confirmed otherwise by Parliament. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories

The last time a state of emergency occurred in the UK was in 1970, when the then Prime Minister Edward Heath invoked it in response to increasing industrial action. Year 1970 ( MCMLXX) was a Common year starting on Thursday (link shows full calendar of the Gregorian calendar. This article is about the government position For other uses see Prime Minister (disambiguation. Sir Edward Richard George Heath, KG, MBE (9 July 1916 &ndash 17 July 2005 often known as Ted Heath, was Prime Minister of the United Kingdom Industrial action (UK and Ireland or job action (US refers collectively to any measure taken by Trade unions or other organised labour meant to reduce Productivity

United States

Further information: Insurrection Act

In the United States, there are several methods for government response to emergency situations. The Insurrection Act of 1807 is the set of laws that govern the President of the United States of America 's ability to deploy troops within the United States to put A state governor or even a local mayor may declare a state of emergency within his or her jurisdiction. A governor is a governing official usually the executive (at least nominally to different degrees also politically and administratively of a non-sovereign level of government A mayor (from the Latin māior, meaning "greater" is a modern title used in many countries for the highest ranking officer in a municipal government In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority This is quite common at the state level in response to natural disasters. Although the President, as head of the executive branch, has the authority to declare a state of emergency, the National Emergencies Act limits the President's ability to declare emergencies by requiring that they expire within two years unless specifically extended, and that the President specify in advance which legal provisions will be invoked. In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. The National Emergencies Act (50 USC 1601-1651 is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize Congressional The International Emergency Economic Powers Act allows for the freezing of assets, limiting of trade, and confiscation of property during such an emergency. The International Emergency Economic Powers Act (IEEPA is a United States federal law allowing U A federal emergency declaration allows the United States Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. The United States of America —commonly referred to as the The purpose of FEMA is to coordinate the response to a Disaster which has occurred in the United States and which overwhelms the resources of local and state authorities For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.

The United States is officially in an ongoing (effectively permanent) state of emergency declared by several Presidents due to multiple problems. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by An example is one which began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton. William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process. " [6] This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden [7], and has been continued to at least 2008 by order of President George W. Bush. Osama bin Laden, with some spelling variations is the name used in English to refer to (أسامة بن محمد بن عوض بن لادن born 10 March George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. [8] There are a number of other ongoing national emergencies of this type, referenced at [9] and [10], regarding for instance diamond trade with Sierra Leone. Sierra Leone, officially the Republic of Sierra Leone, is a country in West Africa. Especially noteworthy are the ongoing states of emergency declared on September 14, 2001 through Bush's Proclamation 7463, regarding the terrorist attacks of September 11, 2001, [11], declared on March 15, 1995 with respect to Iran, [12] and declared on November 14, 1979 regarding the Iran Hostage Crisis. For a topic outline on this subject see List of basic Iran topics. The Iran hostage crisis ( Persian: تصرف سفارت آمریکا was a diplomatic crisis between Iran and the United States where 52 [13]

The U.S. Constitution says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. The Constitution of the United States of America is the supreme Law of the United States. " The Constitution also provides an exemption from the privilege of a grand jury hearing for cases arising in the military when in service in a time of "public danger. In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. " These are the only emergency provisions in the Constitution.

Habeas corpus was suspended on April 27, 1861 during the American Civil War by Abraham Lincoln in parts of midwestern states, including southern Indiana. Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Events 1124 - David I becomes King of Scotland. 1296 - Battle of Dunbar: The Scots are defeated Year 1861 ( MDCCCLXI) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South Abraham Lincoln (February 12 1809 &ndash April 15 1865 the sixteenth President of the United States, successfully led his country through its greatest internal The State of Indiana ( was the 19th US state admitted into the union He did so in response to demands by generals to set up military courts to rein in "copperheads", or those in the Union who supported the Confederate cause. The Copperheads were a vocal group of Democrats in the Northern United States (see also Union (American Civil War) who opposed the American Civil The Confederate States of America (also called the Confederacy, the Confederate States, and CSA) formed as the government set up from 1861 Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. Lambdin Purdy Milligan ( March 24 1812 &ndash December 21 1899) was a Lawyer, Farmer, and a leader of the A prisoner-of-war camp is a site for the containment of enemy combatants captured by the enemy in time of war and is similar to an Internment camp which is used for civilian However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Ex parte Milligan,, was a United States Supreme Court case that ruled suspension of Habeas Corpus when civilian courts are still operating as unconstitutional

The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer established that Presidents may not act contrary to Acts of Congress during an emergency. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Youngstown Sheet & Tube Co v Sawyer, 343 US 579 ( 1952) (also commonly referred to as The Steel Seizure Case), was a United In 1976 the National Emergencies Act set a limit of two years on emergency declarations unless the president explicitly extends them. The National Emergencies Act (50 USC 1601-1651 is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize Congressional

Examples

Ongoing

Past states of emergency

Main article: 2006 state of emergency in the Philippines
Main article: Indian Emergency

Footnotes

  1. ^ Emergencies Act
  2. ^ Emergencies Act
  3. ^ State of Emergency FAQ
  4. ^ [https://www.retsinformation.dk/Forms/R0710.aspx?id=1836#K3 The Danish police law - law number 444 of June 9, 2004
  5. ^ Politi: De unge klager over racistiske betjente (The police: Youth complain over racist cops), by Andreas Lindqvist, Politiken, february 18, 2008
  6. ^ a b c d e f Les pouvoirs exceptionnels du président, official governmental website (French)
  7. ^ La mise en oeuvre de l'état d'urgence (French)
  8. ^ Clause 1(A), Article 150, Constitution of Malaysia
  9. ^ Malaysia lives under state of emergency - EU envoy | World | Reuters
  10. ^ Chad declares state of emergency BBC News, accessed on February 14, 2008. Events 842 - Charles the Bald and Louis the German swear the Oaths of Strasbourg in the French and German 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common
  11. ^ Trinidad House Speaker Put Under House Arrest

See also

References

External links

Dictionary

state of emergency

-noun

  1. A government decree that a particular situation requires the implementation of pre-arranged responses on a large scale.
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