State of emergency

A state of emergency is a governmental declaration that may suspend certain normal functions of government or may work to alert citizens to alter their normal behaviors or to order government agencies to implement their emergency preparedness plans. It can also be used as the rationale for suspending civil liberties; such declarations come during time of natural disaster or during periods of civil unrest or a declaration of war; dictatorial regimes often declare a state of emergency that is prolonged indefinitely as long as the regime lasts. In some situations, martial law is declared, allowing the military greater authority to act.

Some political theorists have argued that the power to declare a state of emergency is the most fundamental power of government, and that knowing who decides on declaring a state of emergency in a given country or territory tells you a lot about where the real power in that country or territory is located, even if the country's constitution paints a different image on the surface.

In some countries, the state of emergency and its effects on civil liberties are regulated by the constitution or a law that limits the powers that may be invoked during an emergency or rights suspended. An example can be found in Art. 2-B of the Executive Law of New York state.

Separate countries

The United States

A federal emergency declaration allows the Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also become available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods.

In the United States, the chief executive is typically empowered to declare a State of Emergency. The President of the United States, a governor of a state, or even a local mayor may declare a State of Emergency within his or her jurisdiction. This is relatively rare at the federal level, but quite common at the state level in response to natural disasters.

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.

Depending on the needs of that emergency, people may be arrested without cause, private places may be searched without warrant, or private property may be seized without immediate compensation or a chance to prior appeal.

The courts in the United States are often very lenient in allowing almost any action to be taken in the case of such a declared emergency, if it is reasonably related. For example, habeas corpus is the right to challenge an arrest in court. 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."

Habeas corpus was suspended on April 27, 1861 during the American Civil War by Abraham Lincoln in parts of midwestern states, including southern Indiana. 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. Lambdin 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. 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.

In United States history, there have been multiple federal states of emergency declared, some of which have never technically been ended.

See also habeas corpus, search and seizure, martial law, and due process.

The United Kingdom

In the UK the monarch may declare a state of emergency by Royal Proclamation. While the emergency lasts temporary legislation may be introduced by virtue of Orders in Council. As of January 2004 legislation is being prepared to update these powers.

Spain

In Spain (estado de emergencia in Spanish) there are three degrees of state of emergency: alerta (alarm), excepción (exception?) and sitio (siege). They are named by the constitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981".

Germany

In the FRG the emergency legislature (passed in 1968 despite fierce opposition by the German student movement) states that the basic constitutional rights of the Grundgesetz may be limited in case of a state of defence, a state of tension, or an internal state of emergency or disaster.

Canada

The federal government of Canada can use the Emergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days. The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act has been invoked three times in Canadian history, most controversially during the FLQ Crisis. A state of emergency can also be declared by provincial, territorial, and municipal governments (more information).

Examples

Ongoing states

Egypt has been in a state of emergency since October 6, 1981; Brunei Darussalam since December 12, 1962; Swaziland since April 12, 1973; and Israel since May 19, 1948.

Past SoEs

• Friday April 15 in Quito, capital of Ecuador
• February-April 2005 in Nepal
• December 2004 in Sri Lanka, Indonesia and Maldives.
• November 2004 in Iraq
• October 2004 in the Gaza Strip and West Bank
• April 2004 in Ryongchon, North Korea following a major explosion
• November 2003 in Georgia, following weeks of civil unrest.
• August 2003 in Michigan, Ohio, New York, US and Ontario, Canada, in response to the 2003 North America blackout
• August 2003 in the Philippines
• August 2003 in Portugal, in response to forest fires
• July 2003 in Mexico, in response to a West Nile virus outbreak (estado de emergencia)
• May 2003 in Peru (estado de excepción or estado de sitio depending on the source)
• April 2003 in Mato Grosso, Brazil, in response to torrential rainfall (estado de emergência)
• March 2003 in Serbia after assassination of Zoran Djindjic (vanredno stanje)
• September 2002 in Moscow, Russia, in response to smoke pollution from forest fires
• July 2002 in Paraguay (estado de excepción)
• December 2001 in Argentina (estado de sitio), in response to public unrest
• November 2001 in Nepal, in response to increased guerrilla activity
• September 2001 in the U.S., in response to the September 11, 2001 attacks
• March 1992 in Moldavia, in response to ethnic conflict between Romanian and Russian minorities

In India, Indira Gandhi declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud. The Emergency lasted for 19 months; see Indian Emergency.

See also

• State of war
• Martial law

External links

• NYS Executive law, art. 2-B
• Senate Report 93–549

Other uses

State Of Emergency is also a Video Game by Rockstar Games in which players rebel against a shadowy corporation.