The state of emergency is a legal term that allows governments to exercise powers normally reserved for times of war or other national emergencies. Such powers can include imposing restrictions on freedom of movement, reducing the privacy of letters, confiscating property and requiring that a person give their name to anyone who requests it. A State of Emergency can also be declared during a civil disaster such as a severe hurricane or earthquake or a natural catastrophe such as flooding or a wildfire.
The power to declare a state of emergency is usually vested in the President or other head of government and can last for a limited period. It can be extended for a further period if it is deemed necessary by the government.
A State of Emergency may be invoked when a country’s constitution or its authorities are endangered by internal unrest or an external threat. This was often used during dictatorships to allow the government a free hand to suppress internal opposition. However, it can also be abused when used as a means to avoid democracy or other democratic processes.
In the United Kingdom, the British Sovereign has the power, on the advice of the Privy Council or a Minister of the Crown in exceptional circumstances, to introduce regulations (a State of Emergency) under the Civil Contingencies Act 2004, which can limit rights such as freedom of speech and movement, but only to an extent that is “reasonably justifiable for dealing with the situation that exists during that period.” The duration of the proclamation must be debated in Parliament before it becomes effective and can be renewed for up to 30 days.